VIJAY KUMAR GHAI Vs. ASHWIN OBEROI

JUDGEMENT

(1.) THIS is to consider an application under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), filed by the Petitioner seeking to quash complaint filed by the Respondent against the Petitioner under Sections 406/420 of the Indian Penal Code (for short "IPC") registered as P.R. No. 1 of 2012 in the Court of the Learned Judicial Magistrate, East and North Sikkim at Gangtok.

(2.) THE Petitioner is the Managing Director of a Company, M/s. Priknit Retails Limited, having its registered Office at B -XXV/539/A/10, Jalandhar Bye Pass Road, Karabara, Ludhiana, Punjab, which is engaged in manufacturing and marketing readymade garment products 'Priknit' and other brands.

(3.) (i). A franchise agreement dated 22 -12 -2007, Annexure P -1, was entered into between the Petitioner -Company and the Respondent as the sole proprietor of M/s. Oberois, for sale of all readymade Priknit and other brand and products.