(1.) Heard learned counsels for both the parties. Petitioner has filed this writ application for issuance of appropriate writ/order/direction for quashing the entire criminal proceeding against the petitioner in Complaint Case No. C1-1103 of 1999, including the order dated 4.1.2000 passed therein, whereby the cognizance has been taken against the petitioner under Section 406, 420 and 120B of the Indian Penal Code.
(2.) The complaint petition bearing Complaint case No.C1-1103 of 1999 has been brought on record as Annexure-1 to this application, which shows that it was filed by Respondent No. 2 Amit Kumar Murarka against the General Manager of M/s Ashish Automobiles at Ranchi, M.K. Somani of Ashish Automibiles at Kolkata and Managing Director of Maruti Udyog Ltd. at New Delhi. In the said complaint petition, it was stated by the complainant that M/s Ashish Automobiles is an authorised dealer of accused Maruti Udyog Ltd. The complainant booked a Maruti Zen Car on 24.1.1999 with accused No.1, i.e., General Manager of M/s. Ashish Automobiles at Ranchi and gave a demand draft No. 758395 issued by S.B.I. Jamshedpur dated 23.1.1999 for Rs. 2,90,496.67, in favour of the accused No.3 Maruti Udyog Ltd. It is alleged that on receipt of demand draft by the complainant, the accused No.1, i.e., General Manager of M/s. Ashish Automobiles at Ranchi assured and promised to deliver the car to the complainant within three days at Jamshedpur office, but when the car was not delivered to the complainant, the complainant rushed to Ranchi branch of the accused Nos. 1 and 2, i.e., General Manager of Ashish Automobiles and M.K. Somani of Ashish Automobiles, where he was assured to get the car within the fortnight, but the car was not delivered to the complainant within the stipulated period and the complainant made several correspondences and also met the said accused Nos. 1 and 2 i.e. General Manager of Ashish Automobiles and M.K. Somani of Ashish Automobiles, who assured to make delivery of the car and the same was not delivered to the complainant.
(3.) So far as this petitioner is concerned, the petitioner is not named in the complaint petition. Accused No. 3 is the Managing Director of Maruti Udyog Ltd. and the petitioner's case is that on the date of booking of the car, the petitioner was not the Managing Director of Maruti Udyog Ltd. and he took over the charge as Managing Director of the said company in the month of August 1999 i.e., much later than the date of occurrence which is stated to be 24/25.999. However, the fact remains that so far as even the Managing Director of the Maruti Udyog Ltd. is concerned, the only allegation against him is that the bank draft was issued in the name of Maruti Udyog Ltd. and that the intimation of non delivery of the car was also given to Maruti Udyog Ltd. on several occasions but the Managing Director of the said company did not take care to get the car delivered. With these allegations, the complaint petition was filed against the accused persons.