RAVI KUKREJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners have filed this petition seeking quashing of FIR No.77, dated 12.03.2013, registered under Sections 406/420/467/471/120- B/506 IPC, at Police Station City Sonepat, District Sonepat, subsequent proceedings including final Police report dated 12.06.2014 and all consequential proceedings arising therefrom on the ground that the same gives rise to a civil dispute and not a criminal offence, hence, continuation of criminal proceedings shall result in abuse of the process of court.

(2.) In 2015, when the petition was filed, notice in the petition and notice regarding stay was issued. In nutshell, the allegations are that Ravi Kukreja and Jitendra Kukreja, petitioners herein are Directors of Presidium Breweries Private Limited. The company through the petitioners entered into an agreement authorising M/s Bhatia and Co. to sell its five alcoholic drinks in States of Punjab and Haryana. The brands which were permitted to be sold are as under:-

(3.) For that, a sum of Rs.10,00,000/- was received as security for State of Haryana and Rs.5,00,000/- for state of Punjab. The agreement was valid for a period of 5 years. M/s Bhatia and Co. was supplied alcoholic drinks worth Rs.10,57,381/-. Thereafter, there was a tripartite agreement, on the representation of Ved Parkash son of Prabhu Dayal, on 29.12.2011 whereby M/s Bhatia and Co. transferred its business of authorized marketeer of these five alcoholic drinks on behalf of Presidium Breweries Private Limited to complainant/respondent-Vinod Chhabra. The gravement of the allegation is that petitioners or Presidium Breweries Private Limited are not manufacturers of the aforesaid alcoholic drinks and therefore, first informant-respondent no.2 herein has been cheated. It has been claimed that, after including the sum already paid by M/s Bhatia and Co., a total amount of Rs.48,00,000/- has been received and alcoholic drinks worth of Rs.11,07,381/- have been supplied including alcoholic drinks worth of Rs.50,000/- to respondent no.2 and therefore misappropriated Rs.46,92,619/-. It is claimed that these five brands referred above belong to company-Alcobrew Distilleries India Pvt. Limited and therefore, accused have misrepresented and cheated first informant.