DEWSOFT OVERSEAS PVT LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mr. Gautam Kumar, learned counsel appearing for the petitioners, learned A.P.P. appearing for the State as well as Mr. S. K. Deo, learned counsel appearing for the opposite party no. 2.

(2.) IN this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with P.C.R. Case No. 137 of 2014 including the order dated 23.04.2014 passed by the learned Chief Judicial Magistrate, Dumka whereby and whereunder cognizance has been taken for the offences punishable under Sections 406, 420, 468, 477 -A and 120 -B of the Indian Penal Code.

(3.) THE prosecution story as would appear from the complaint petition is that the complainant opposite party no. 2 is an independent channel partner of the petitioners Company and after his joining on 15.11.2001, 53,000 persons have been added as members by the opposite party no. 2. It was alleged that the opposite party no. 2 has got a share of 37.50% from Ashutosh Enerprises on 11.10.2004 vide an agreement and from 11.10.2004 to 09.01.2009, the opposite party no. 2 was earning commission and when he made an approach for commission, it was said that the same has been deducted from his salary against the loan taken by the opposite party no. 2. It was further alleged that the petitioners have illegally retained the commission amount of Rs. 18.05 lacs of the opposite party no. 2.