G K AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties. This is an application for quashing the entire criminal proceeding initiated against the petitioner under sections 406, 420 and 120- B of the IPC on the following factual profile:- The petitioner was Managing Director of the Firm M/s. Shreeji Analytical Lab Ltd. at Mumbai and the complaint was lodged by one Deb Chandra Thakur, Proprietor, S.M. Enterprises of B-136, P.C. Colony, Lohiya Nagar, Kankarbagh, Patna. In the complaint petition it was stated that accused No. 2, Shri Dharmendra Nath Thakur, who is Regional Sales Manager of M/s. Shreeji Analytical Lab Ltd. who happens to be co-villagers of the complainant induced the complaint to work as clearing and forwarding agent on commission basis. The complainant arranged a warehouse storing of Ayurvedic products of the company. Remuneration was payable at different rates considering length of time.

(2.) There was an agreement between the complainant and the petitioner that clearing and forwarding agent was to deposit Rs. 2.5 lacs towards security to the petitioner which was complied with in three instalments which carried interest at the rate of 14%. The complainant opposite party No. 2 relying on the representative of Regional Sales Manager, accused No. 2 in the complaint case agreed to work as clearing and forwarding agent for the said firm. Petitioner is the Managing Director, Opposite party No. 2 in this complaint after arranging a warehouse also obtained Sale Tax number in the name of company. Correspondences were made by opposite party No. 2 as per agreement for payment of commission which was not done by the petitioner of this case who is accused No. 1 in thp complaint case. The complainant in his complaint has stated about unilateral decision of accused No. 1 (petitioner) in converting him as consignee agent. Representative of accused No. 1 being accused No. 2 the Regional Sales Manager was authorised absolute power to deal with the business. The accused No. 2 visited the complainant's firm and agreed that the security amount of the petitioner of Rs. 2 lac 50 thousand and commission dues Rs. 50,000/- be paid to the opposite party No. 2 in this application within a period of four months which was not paid to the complainant. Evil intention has been attributed against the petitioner stating in the complaint petition that the petitioner (accused No 1 in the complaint case) and others had appointed another firm "Sonu Enterprises" as their C and F agent and severed all connection with the complainant company. The petitioner in this case (accused No. 1 in the complainant petition) communi -cated to the complainant vide letter dated 17.9.1998 and mentioned therein that he is ready to settle the account of the complainant within 15 days after completion of the instruction mentioned in the said letter, but despite assurance they did not depute any authorised person to check the stock and also failed to clear the dues of commission and security amount along with interest. Despite assurance of accused No. 1 (petitioner) dues were not cleared by the representative of petitioner-accused No. 2. Accused No. 2 met the complainant and told to keep ready things as stock, form IXC, stationary etc. and the complainant communicated the facts of accused No. 1 but there was no response. The complainant case has been lodged with the allegation that the petitioner and others had made false promises but cheated the complainant by inducing the complainant agreeing to deposit Rs. 2.50 lacs in cash and has put the complainant to loss of Rs. 3.66 lacs including security with interest and commission.

(3.) The petitioner being accused No. 1 in the said complaint case seeks to quash the criminal proceeding in complaint case No. 413(C) of 1999 on the following terms:-