ASISH PANDEY Vs. SYNTECH INFORMATICS PVT LTD

JUDGEMENT

(1.) Both the revisional application filed under section 482 of the Code of Criminal Procedure (hereinafter called the Code) is directed to quash the proceeding in connection with the B.G.R. Case No. 2063 of 2004 now pending before the Court of learned Additional Chief Judicial Magistrate, Alipore.

(2.) The petitioners herein are arrayed as accused in connection with the abovenoted criminal case which was instituted by the O.P. against the petitioner by filing a petition of complaint to the learned Chief Judicial Magistrate, Alipore. The learned Chief Judicial Magistrate directed registration of the case and initiation of investigation in terms of provisions under section 156(3) of the Code.

(3.) The allegation against the petitioner that the company of the petitioner namely, M/s. Calvin Basil Info Solution Pvt. Ltd. being represented by other accused persons entered into an agreement with the complainant company whereby it was agreed between the parties that accused company will generate business for the complainant company to the extent of Rs. 6 croes in the financial year 2003-04. It was further agreed that in case the accused company fails to generate the business as per agreement the accused company shall return 75% amount of the fees out of total fees received by it. Consequent to the said agreement the complainant company on 8th July, 2003 paid a sum of Rs. 60 Lacs to the accused company in anticipation that they will receive order of 6000 pieces of computers from the Government of Chattisgarh and also from other Government of the country. The aggregate value of such business will be around Rs. 6 crores. The accused persons could not procure any contract in favour of the complainant company. Subsequently, the complainant company sent a letter to accused company but the same was returned with the postal endorsement "refused". Over thiioccurrence the abovenoted criminal case was instituted.