VINEET NAYYAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. J.S. Jha, the learned counsel for the petitioner, Mr. P.A.N.Roy, the learned counsel for the O.P.No.2 and Mr. S.K.Tiwary, the learned counsel for the respondent State.

(2.) This petition has been filed for quashing the entire criminal proceeding arising out of Complaint Case No.53 of 2012, including the order taking dtd. 8/5/2012 by which the process has been issued against the petitioners, pending in the court of learned Judicial Magistrate, 1st Class, Ranchi.

(3.) The prosecution in brief is that the complainant has been appointed as consignee agents of M/s CYCLO (I) Ltd, Aligarh and thereafter it is alleged that a sum of Rs.1,55,570.00 was deposited by demand draft as security deposit. It is mentioned in the agreement that after completion or termination of the agency the same will be returned entire deposited amount. It is further alleged that the complainant continues to do work as a consignee as agent till March, 2009 and thereafter the complainant demanded to return back to security deposit but same has been not returned by the petitioners, which became the subject matter of dispute in between the complainant and the petitioners, which ultimately followed institution of criminal prosecution against the petitioners.