NITIN HIRALAL KHANNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 by accused nos.1 to 3 for quashing the offence registered with Osmanpura Police Station, Aurangabad City on 14/6/2021 vide F.I.R. No.134/2021, for the offence punishable under Sec. 420 and 406 read with Sec. 34 of the Indian Penal Code, the charge-sheet No.39/2022 and R.C.C. No.898/2022 pending before the Judicial Magistrate, First Class, Aurangabad. The informant is arrayed as respondent no.2 in the application.

(2.) The informant has lodged a report with the Police Station stating that he is a partner of registered partnership firm named "M/s Agrawal Retails". He says that he got acquainted with applicant nos.1 and 3 somewhere around the year 2018. He was introduced to accused nos.1 and 3 by one Paras Ostwal. The informant has stated that applicant no.3 had represented that their company namely "AN Retail Ventures Private Limited" (hereinafter referred to as "ANR" for brevity) is a franchisee of a company at Mumbai named "Lekhraj Corp Private Limited" (Hereinafter referred to as "LCPL" for brevity), which is engaged in the business of manufacture and sale of garments under brand name, "Cotton World". Applicant no.3 suggested that respondent no.2 should also start the said business by taking franchisee of ANR and offered to introduce him with Mr. Sanjeev Lekhraj and Mr. Lavin Lekharaj, Directors of the LCPL. He states that after that applicant no.3 took him to the office of LCPL, at Mumbai for meeting with Mr. Sanjeev Lekhraj and Mr. Lavin Lekharaj. On discussion with Mr. Sanjeev Lekhraj and Mr. Lavin Lekharaj, they suggested to respondent no.2 that he should obtain franchisee through ANR, since all the rights regarding appointment of franchisees were given to ANR vide letter dtd. 8/1/2019. Respondent no.2 has stated that he was given an assurance that commission of franchisee will be paid at the rate of 16% of the sale achieved or Rs.90,000.00 per month, whichever is higher. Respondent no.2 states that he was informed that it will not be possible to allot franchisee to an individual, and therefore, he formed a partnership firm named "M/s Agrawal Retails" comprising of himself and his two brothers, as advised. The firm was registered on 14/12/2018. Thereafter, three separate franchisee agreements were entered into between Agrawal Retails and ANR. These three franchisee agreements are dtd. 10/1/2019 and their terms are identical. The franchisee outlets are located at Prozone Mall, Aurangabad, Nirala Market, Aurangabad and Kharadi, Pune. The relevant terms, of three franchisee agreements titled as "Memorandum of Understanding" (hereinafter referred to as "MOU") executed on 10/1/2019 are as under :-

(3.) Respondent No.2 has stated that the firm Agrawal Retails and partners have deposited a sum of Rs.51,00,000.00 with ANR towards the deposits in terms of franchisee agreements/MOU.