MARAL FASHIONS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, which is a registered company has filed this application under Section 462 of the Code of Criminal Procedure for quashing the order of cognizance dated 23-8-2005 passed by the Judicial Magistrate. 1st Class, Patna in Complaint Case No. 1050 (C) of 2005 thereby and thereunder the learned Magistrate has taken cognizance under Sections 406 and 420 of the Indian Penal Code against the petitioner and others.

(2.) The petitioner has challenged the impugned order mainly on two grounds. It is submitted that the facts set out in the complaint petition do not disclose necessary ingredients of the offence of cheating or criminal breach of trust. The other submission is that the opposite party No. 2/complainant has actually filed this complaint case with a view to wreaking vengeance and to spite him due to personal grudge as the petitioner had already filed a case against him for committing fraud, cheating etc.

(3.) The facts which are required to be set out here are as follows : The petitioner is a sister concern of Bhilwara Group companies engaged in manufacturing of readymade garments and accessories. In April, 2004 the opposite party No. 2 entered into a Distributorship Agreement with the petitioner-company for the entire State of Bihar through Annexure-P/4 dated 1-4-2004. As per agreement the opposite party No. 2 also deposited security amount of rupees three lacs and also three duly signed cheques with undertaking to honour the said cheques on presentation. Thereafter, on verbal orders placed by the opposite party No. 2 in the month of June, 2004 the petitioner-company supplied goods through different invoices worth Rs. 5,29,278/- against advance payment of rupees one lac only.