DARTONZINK AND ANR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By These Applications Filed Under Section 482 Of The Cr.P.C., the Applicants, have sought to quash the order of issuance of process dated 8th February, 2012 in Criminal Case No.36/SW/2009 for offences punishable under sections 406, 420 and 120 B r/w. 34 of the IPC.

(2.) The Aforesaid Applicants Are The Accused In Criminal Case No.36/SW/2009. Darton Zinkaccused No.1 is a foreign national and is a President and Chief Executive Officer of accused No.4 M/s. Zeeco INC, a company having its registered office in the State of Oklohoma, USA, engaged in designing, manufacturing and supplying various industrial equipments. The accused No.5 M/s. Zeeco Europe Limited is the European affiliate of M/s. Zeeco INC, accused No.4company. The accused No.2 Nigel Palfreeman is the Director of accused No.5 company. Accused No.6M/s. Zeeco India Pvt. Ltd. is the Indian affiliate of the accused No.4 company and Shri Sanjiv Chipalkattiaccused No.3 is the business Director of the accused No.6 company.

(3.) The accused No.4 company entered into an agreement dated 31st August, 1994 with a company called USCO ltd. through its PresidentAtulkumar, thereby appointing USCO as the sales representative and granting sole and exclusive right to promote the sale and solicit orders for the products of the accused No.4M/s. Zeeco INC Company. In terms of the said agreement USCO was entitled to get necessary commission for the services provided under the contract. USCO operated as a sales representative since the date of the execution of the said agreement till February, 2005. The Respondent No.2Sunil Gupta is the complainant in Criminal Case No.36/SW/2009, who as per the said agreement dated 31st August, 1994 was appointed as a sales representative. The complainant Sunil Gupta claims that he had procured several contracts and assurances for the accused No.4 M/s. Zeeco INC from various corporate sectors in India. The complainant claims that it was only because of his efforts that the accused No.4 company could raise market within India as well as other countries.