MARUTI UDYOG LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Rajendra Kumar Giri, the learned counsel for the petitioner -Company and Mr. Jharkhandi Upadhyay, the learned A.P.P. for the State.

(2.) THIS application under Section 482 Cr. P.C. is directed against the order dated 21.8.2002 passed by Shri Arun Kumar Shrivastava, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 571(C) of 2001 whereby he was pleased to take cognizance against the accuse persons including the Company under Sections 406, 409 and 420 of the Indian Penal Code.

(3.) IT has been submitted on behalf of the petitioner that the accused no. 5, Jagdish Khattar, the Managing Director, Maruti Udyog Limited and Sanjay Kumar Nigam, the Regional Manager (South - 2), Maruti Udyog Limited had preferred Criminal Misc. No. 2283 of 2005 for quashing of the impugned order dated 21.8.2002 and a Single Judge of this Court vide order dated 3.11.2006 had quashed the proceedings as it was felt to be an abuse of the process of the Court on the findings that as per dealership agreement accused no. 1, M/s Johal Tractors was the dealer of Maruti Udyog Limited and that there had been no agreement between the complainant -Company and Maruti Udyog Ltd. and its officers or agents or representatives for supply of vehicles and that Maruti Udyog Limited would not be liable for any failure or delay in delivery of the vehicles since the bank drafts for booking of the vehicles were prepared in the name of M/s Johal Tractors. The learned counsel also sought to submit that the case of the petitioner herein, M/s Maruti Udyog Limited is similarly situated as that of the petitioners in Criminal Misc. No. 2283 of 2005 and he is entitled to similar benefit.