BAWA MASALA COMPANY Vs. P. A. ASSOCIATES

JUDGEMENT

(1.) This criminal petition is preferred under Section 482 of the Code of Criminal Procedure, 1973 ('the Code' and/or 'CrPC', for short) by the petitioners seeking quashing and setting aside of the criminal proceeding of Complaint Case no. C.R. 5870C /2018, presently pending before the Court of learned Sub-Divisional Judicial Magistrate No. 1, Kamrup (Metro), Guwahati ('the trial court', for short), and the order dated 28.11.2018 whereby the learned trial court had taken cognizance on the complaint for the offences under Sections 409/420/34, Indian Penal Code (IPC) and issued process against the petitioners as the accused to appear before the learned trial court and to stand trial.

(2.) The respondent as the complainant who has filed the complaint, is a proprietorship concern which carries on its business as dealers and distributors of various products and its place of business is at Guwahati, District Kamrup (Metro), Assam. In the complaint, the petitioner no. 1 has been arraigned as accused no. 1 and it is a registered partnership firm having its office at New Delhi. The petitioner no. 2 and the petitioner no. 3 are the partners of the petitioner no. 1 firm and they have been arraigned as accused no. 2 and accused no. 3 respectively in the complaint. That apart, one Sri H.D. Ganguly has been arraigned as accused no. 4 describing him as the Area Sales Manager of the petitioner no. 1 firm.

(3.) The background facts, as narrated in the complaint, which led the respondentcomplainant to file the complaint at issue before the learned trial court may be stated, in brief, as follows :-