M.P.JAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) BY filing this petition, the petitioner has prayed for quashing of the First Information Report/Investigation against the petitioner in Hazaribagh Sadar P.S. case no. 126 of 2002 dated 24.3.2002 which has been registered under sections 406, 420, 120/B of the Indian Penal Code against four accused persons including the petitioner.

(3.) IT is alleged that the informant had a talk with his two of the officials namely Mr. Sushant Kumar Das and Praveen Kumar Jain of M/S Kendall Premium Health Care Products Ltd. at his residence at Hazaribagh for starting business with the Company, and it was decided that the business transaction will be started after agreement which will take place in the month of January next year. It is further alleged that on 9.1.1996 an agreement was made between M/S Kendall Premium Health Care Products Ltd. New Delhi and M/S S.B. Enterprises, Ashok Nagar, Ranchi, the company of the informant. The agreement had taken place at New Delhi, in the office of M/S Kendall Premium Health Care Products Ltd. The agreement was signed by the Informant on behalf of M/S S.B. Enterprises, Ranchi and by Mr. Sumaj Jain on behalf of M/S Kendall Premium Health Care Product Ltd. New Delhi. According to that agreement the Company of the Informant M/S S.B. Enterprises, Ashok Nagar, Ranchi was made C and F agent (South Bihar) in respect of the medical equipment products of the company. As per the agreement the informant paid Rs. Five lakhs to M/s Kendall Premium as security money. It is also alleged that according to the agreement M/S Kendall Premium should have supplied the articles to the informant's company but the same was not supplied inspite of several reminders on telephone and personal contacts with them at Deihi. Thereafter the informant became suspicious and doubted that the company did not intend to do business but only to grab their money then the informant asked that company to return the security money. After several talks and reminders the company returned Rs. Two lakh only to the informant.