VIPIN LUTHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under section 482 of the Code of Criminal Procedure for quashing the order dated 19.4.2002 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 178 -C of 2002 by which the petitioner has been summoned alongwith other co -accused to face trial under sections 420 and 120B of the Indian Penal Code and Section 138 of the Negotiable Instrument Act and also for quashing the subsequent proceeding of the case. Heard both sides.

(2.) THE prosecution case in the complaint petition, in the nutshell, is that accused Nos. 2, 3 (petitioner), 4, 5 and 6 are all Directors of the Company M/s Televista India (P) Limited and accused No. 1 M/s Televista India (P) Limited is manufacturer of various electronic products including Colour and Black and White Television. The accused persons approached the complainant at the residence of accused No. 7 for being appointed as C&F Agent for the whole country on attractive terms and conditions. Being induced by them, he deposited Rs. 14,00,000/ - out of Rs. 15,00,000/ -as security deposit. A memorandum of agreement was also signed. According to the terms of the agreement, the complainant had to receive 2% interest per month on the amount of security deposit together with a sum of Rs. 60,000/ - irrespective of the salary. The accused persons were required to pay the godown charges. It is further alleged that in the month of June, 1998, the accused persons were liable to make payment of Rs. 1,10,000/ - out of which only Rs. 1,00,000/ - was adjusted forwarding the balance amount of security deposit. Thereafter, neither the godown was handed over nor any good was sent nor the accused persons acknowledged the dues of the complainant. After great persuasion a Bank draft of Rs. 50,000/ - and two cheques of Rs. 25,000/ - each were issued but the cheques were dishonoured on presentation on account of insufficiency of funds. The complainant informed the accused persons of the dishonour of the cheques but on their assurance he did not pursue his remedy under section 138 of the Negotiable Instrument Act. It is further alleged that the total dues of the complainant outstanding against the accused persons as on 18.12.2001 including rupees fifteen lacs being the security amount, was Rs. 36,50,000/ -. He repeatedly contacted the accused persons and two fresh cheques of Rs. 25,000/ - each were issued in the name of the complainant but on presentation both of them were dishonoured.

(3.) IT appears that after filing of the complaint petition, the complainant was examined on solemn affirmation and two witnesses were examined under section 202 Cr. P.C. The learned Magistrate, after considering the complaint petition and the statements of the complainant and the witnesses passed the impugned order dated 19.4.2002.