(1.) -A private complaint was lodged by the complainant Maheshkumar against four accused including J. K. Basu, the present petitioner, before me. The first accused was M/s. Bharat Engineering Company at Aurangabad, which was represented by the three accused Inpindar Singh, R. K. Bhandari and R. S. Sharma. The offences alleged against them were punishable under Sections 417 and 420 read with Sections 34 and 109 of the Indian Penal Code. The complaint was filed on 15-11-86 before the Chief Judicial Magistrate, Yavatmal. It appears that the verification of the com- plainant was recorded on the same day by the learned Magistrate and by the order passed on 20th November 1986, the learned Magistrate issued a process under Sections 417 and 420 read with Sections 109 and 34 of the Indian Penal Code against all the four accused. The petitioner J. K. Basu, who is described as a Sales Manager (Export) of the Hindustan Motors Limited, Calcutta has challenged that order before this Court. The inherent jurisdiction of this Court is sought to be invoked for quashing the proceedings against him.
(2.) A few facts are required to be stated so that the controversy can be appreciated in its true perspective. The Hindustan Motors Limited are the manufacturers of Ambassador Diesel Taxi Cars and they have their main office situated at 9/1, R. N. Mukherjee Road Calcutta-700 001. Mr. J, K. Basu is said to be the Sales Manager (Exports) of that Company and he is stationed at Calcutta. The Hindustan Motors Limited have appointed dealers for the different States or Regions for sales of the Ambassador Cars, Bharat Engineering Company, which is located at Chikhalthan, Aurangabad is their dealer for the Marathwada Region of this State.
(3.) According to the complainant, he placed an order for two Ambassador Diesel Taxies with the Bharat Engineering Company sometimes in May 1966. The order was registered by the said Bharat Engineering Company. The complainant was asked to pay advance of Rs. 20,000 for the two taxies and the balance was directed to be paid against the delivery. It was also alleged that the Bharat Engineering Company undertook to supply these two taxies within 60 days from the receipt of the order, subject to the delays beyond their control. Accordingly the complainant deposited Rs. 20,000 under Receipt No. 779 and at the same time he gave his choice regarding the colour and other description of the taxies. On or about 24th June, 1986, Inpindar Singh the Managing Director of the Bharat Engineering Company Limited, Aurangabad informed the complainant that they have received the allocation of two diesel cars from the Principals M/s. Hindustan Motors Limited. He was directed to deposit Rs. 2,29,000 by Bank Drafts of different denominations inclusive of the price of the cars, transportation charges etc. Accordingly the complainant obtained one Draft of Rs. 1,83,000 payable to the Hindustan Motor Limited, another Draft of Rs. 3,300 in favour of one Mahomed Karimali (for transportation of the cars) and the third of Rs. 42,700 in favour of the Bharat Engineering Company Limited. These Drafts were obtained from Andhra Bank having its office at Yavatmal. These Drafts came to be deposited with the Bharat Engineering Company Limited Aurangabad on 9-7-1986. Three receipts came to be passed in his favour and they have been annexed as Annexures B-9 to B-11 with this petition.