GANGADHAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THROUGH this application under Section 482 Cr.P.C., the petitioner, proprietor of M/S. Sarwamangla Marketing, who has been impleaded as the sole accused in Complaint Case No. 1507 of 2003, seeks the quashing of the order dated 2.4.2005 passed therein by Sri Sanjay Kumar Sinha, Judicial Magistrate, Ist Class, Vaishali at Hajipur, whereby he has taken cognizance of the offence under Sections 420 and 406 I.P.C.

(2.) M /S. Lumbini Beverages Private Limited, a franchisee of Pepsi Foods through its representative, S.D. Chhaterjee, Manager (H.R.D.), who has been impleaded as O.P. No. 2 herein, filed the aforesaid complaint case inter alia, stating that the complainant was manufacturer of soft drinks including Pepsi having its manufacturing unit at the Industrial Area, Hajipur and the accused was the stockist of Pepsi, a product of Lumbini Beverages Private Limited and he was doing business with the complainant's company during the period 2001 -2002 and sum of Rs. 9,45,898.66/ - had not been paid to the complainant's company towards soft drinks and that 2516.15 cases of glass bottles had not been returned to the company by the accused and that the same had illegally been withheld by the accused and as such had committed criminal breach of trust. It was also alleged that the company had reasons to believe that the empty bottles of Pepsi were being used for manufacturing and sale of adulterated / spurious cold drinks in the name of Pepsi which falls within the ambit of offence under Sections 272, 406 and 420 I.P.C. It is said that the complainant's company had requested for the return of the empty bottles and notwithstanding sending of legal notice by the complainant to the accused on 28.8.2002 under registered cover, the accused had evinced no response although he had initially assured the complainant to pay the aforesaid amount and also return the empty bottles.

(3.) IT has further been submitted that on 26.5.2002, some officials of the complainant's company came to Bhagalpur for settling account in question with the petitioner and minutes were prepared with the consent of both parties in which four decisions were taken. A copy of the minutes has been appended as Annexure -5 to the petition and according to the petitioner out of the four decisions, two had been complied by him but the complainant had failed to comply with the remaining two decisions till now. It was finally submitted that since the entire disputes related to settling of accounts, the cause of action was of civil nature and no criminal liability lay with the petitioner.