AIJ-PT 1715929 KAILASH BIHARI THAKUR Vs. BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION PATNA HIGH COURT

JUDGEMENT

(1.) IN this application, the petitioner has challenged the order, dated 22.9.2007 passed by the Judicial Magistrate, Patna by which cognizance has been taken against the petitioners tor the offences under Sections 406 and 420 of the Penal Code.

(2.) THE petitioners 1 to 4 are the Managing Director, Director, Marketing Executive and the Accounts Executive of Relaxo Footwear Limited whereas petitioner no. 5 is the General Manager (Sales) of the said company. Learned counsel appearing on behalf of the petitioners submits that (i) the contents of the complaint petition constitute a civil offence, (ii) it is beyond the jurisdiction of the court at Patna, (iii) that the solemn affirmation of the complainant does not reveal the facts which would involve the participation of petitioners 1 to 4. It has also been contended that the complainant is not authorized to file the complaint as he is not a signatory to the agreement.

(3.) THE facts stated in the complaint petition are that the complainant has been running a business of footwear in the name and style of M/s Maa Tara Enterprises situated at Kankarbagh, Patna. In October, 2005. the complainant requested the petitioners to provide a distributorship of footwear and to send the footwear so that the complainant could run his business in a better manner. For this purpose it is said that Rs. 50,000/ - was deposited by the complainant as security and it was further agreed that the complainant should pay Rs. 10 lacs through demand draft and when the amount would exceed Rs. 9 lacs, the petitioners were to supply the footwear to the complainant. The allegation is that the complainant deposited Rs. 9,98,500/ - through different demand drafts in favour of the petitioners which is described in the schedule and the legal notice but even after the deposit of the said amount the footwear was not supplied and thereby the petitioners had criminal intention of cheating the complainant and have committed breach of trust. A legal notice was issued on 18.7.2007 which is at Annexure -1 to the complaint petition. It would also be relevant to refer to the legal notice which contains the dates, the amount and the draft numbers by which the complainant had paid the money to the petitioners.