ANIRUDDHA BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred praying for quashing of the complaint bearing CR No.0053412/2015 (registered as CN/706/2015) dtd. 17/12/2015, pending before the Court of Metropolitan Magistrate, 19th Court, Calcutta under Ss. 406/420/120B of the Indian Penal Code, 1860. The petitioners herein are ex-employees of the company, M/s. PepsiCo India Holdings Private Limited having its registered office at Level 3, Pioneer Square, Sector 62, Gurugram, Haryana - 122 101 (for short, "the company") which is incorporated under the Companies Act, 1956 inter alia is engaged in manufacture and marketing of the food articles and sale of concentrates for beverages, throughout the country.

(2.) The facts of the case in a nutshell is that the opposite party no.2 herein being the sole proprietor of M/s. Nisha Enterprises of 46, Joy Mitra Street, Kolkata - 700 005 entered into an agreement on 26/2/2001, with the accused company for marketing and distribution of the products manufactured by the said company. In pursuance of the terms of the said agreement, the opposite party no.2 had started the business and purchased products from the company from time to time and made payments.

(3.) It has been alleged that on 31/8/2003, the supply of goods to the opposite party no.2 were stopped by the company without serving any prior notice for termination of the distributorship agreement. The opposite party no.2 in his complaint has admitted that he had forwarded letters dtd. 11/8/2003 and 10/9/2003 to the company, requesting to recall the unsold stock and to clear the dues amounting to Rs.33,00,000.00(rupees thirty three lakhs only) and the company had assured the opposite party no.2 of the same.