AMIT PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners in these two applications are accused in Complaint Case No. 193 (c) of 2001 and both have challenged the order dated 28.11.2001, passed by the Judicial Magistrate, Ist Class, Begusarai by which cognizance under Sections 420 and 406 of the Indian Penal Code has been taken against theme.

(2.) Complaint Case No, 193 (c) of 2001 was filed by the complainant Ashok Kumar alleging that the accused Ajit Kumar Managing Director, Supplementary Food (India) Limited and Amit Kumar, Incharge of Supplementary Food (India) Limited for Bihar region have cheated the firm M/s. Saket Enterprises Agency, the Proprietor of which is Mrs. Deepa Agrawal, the wife of the complainant M/s. Supplementary Food (India) Limited produces "Zaika" Salt and it had appointed Saket Enterprises its distributor and commission agent in the year 1997 for distribution and sale of Zaika Salt. The complainant's firm had deposited Rs. 1,20,000/- through three demand drafts dated 12.9.1997 with the accused persons for supply of salt and receipt for the same was given by the accused on 13.9.1997. The accused persons even after receiving an amount of Rs, 1,20,000/- did not supply Zaika salt even after repeated reminder. This fact is proved from the letter dated 18.3.1998 sent by accused No. 2 wherein he has shown his inability in supplying Zaika Salt due to some financial disturbance in the company. Again by letter dated 10.4.1998 and letter dated 8.3.1998 the accused No. 2 expressed his inability in supplying Zaika Salt on account of Financial disturbance and the loss suffered by the company. By letter dated 27.8.1999 accused No. 1 informed that the complainant's firm can take supply of Zaika Sait from M/s. Verma Agency, Mahindra Complex Purani Basti Road, Jugsalai, Jamshedpur, but the complainant was not supplied Zaika Salt from there also. The accused persons have defalcated the money and cheated the complainant, as after repeated reminders they are not supplying the Zaika Salt on one or other pretext. They have committed offence under Sections 406 and 420 of Indian Penal Code.

(3.) Petitioner Ajit Kumar in Cr. Misc. No. 26605 is the Managing Director of Supplementary Food (India) Limited. The company is situated at Mumbai which produces salt in the Brand name of "Zaika". The company for sale and distribution of salt tried to appoint commission agent at different places in India. Saket Enterprises was appointed distributor of "Zaika" Salt at Begusarai. Petitioner No. 2 being the Manager of Supplementary Food (India) Limited used to looks after the business of the company at Bihar.