MUKESH KUMAR SHRIVASTAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 6.12.1999 passed by the Judicial Magistrate, Patna in Complaint Case No. 1421 (c) of 1999 and also for quashing of entire prosecution in Complaint Case No. 1421 (c) of 1999.

(2.) Short fact of the case is that opposite party No. 2 filed a complaint in the court of Chief Judicial Magistrate, Patna, which was registered as Complaint Case No. 1421 (c) of 1999. In the complaint petition, it was alleged that petitioner No. 1, who was Area Business Manager of Cadila Pharmaceuticals Ltd., Patna and petitioner No. 2, who was Proprietor-cum-C.&F Agent of Cadila Pharmaceuticals, Patna persuaded the petitioner to be appointed as Stockist of the medicine of Cadila Pharmaceutical Ltd. It was alleged that for the purposes of his appointment as Stockist, the accused persons got a deposit of Rs. 10,00,000/- as security deposit. Out of Rs. 10,00,000/- amount, Rs. 2,50,000/- was paid to the accused persons through cash and remaining amount was paid through cheques and draft. In the complaint petition, it has been categorically stated that after being appointed as Stockist from the month of September,1996 to the month of August,1998, medicines were duly supplied to the complainant on receipt of the payment. However, without any rhyme and reason, the supply of medicine was stocked. The complainant regularly requested the accused persons to supply the medicine and finally on 20.8.1999, it was requested either to supply the medicine or refund the deposit amount, which was never refunded.

(3.) On the aforesaid allegation, the complaint petition was filed and after conducting enquiry, the learned Magistrate, by the impugned order, took cognizance of offences under Sections 406, 420 and 120B of the Indian Penal Code and summoned the accused persons.