Patna High Court - Orders
Rajesh Sharma & Ors vs State Of Bihar & Anr on 16 July, 2013
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24680 of 2010
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1. Rajesh Sharma (S/o Chote Lal Sharma), Managing Director, Great Seed
International Pvt. Ltd., Plot No.248 (Prashasan Nagar) (Jubli Hills),
Hyderabad (Andhra Pradesh)
2. Prabhat Singh Chauhan (S/o Sri Ram Saran Singh Chauhan) as an
Administrative Executive Great Seed International Pvt. Ltd., Plot
No.248 (Prashasan Nagar) Jubli Hills) Hyderabad (Andhra Pradesh),
presently R/V Kaithaida, P.S. Bela,District Auriya (U.P.)
3. Deepak Tripathi @ Shri Tripathi (S/o Shri Daya Shankar Tripathi),
resident of village & P.O. Kashali, District Deoraia (U.P.) posted as
National Sales Manager, Great Seed International Pvt. Ltd. Plot No.248,
Prashasan Nagar (Jubali Hills), Hyderabad (Andhra Pradesh)
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Vijay Kumar (S/o Sri Bishwambhar Nath Thakur) a proprietor of
Binayak Trader, Muzaffarpur Nagar Nigam Market, Station Road, P.S.
Town and District Muzaffarpur
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms. Sudha Kumari Ambastha, Advocate
For the State : Mr. M. Dayal, A.P.P.
For Opposite Party No.2 : None
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
9 16-07-2013No one appears on behalf of the Opposite Party No.2.
The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 11.8.2008 passed by the Judicial Magistrate, 1st class, Muzaffarpur in Complaint case No.561 of 2008.
The case of the Complainant is that he was the proprietor of Binayak Trader, Muzaffarpur Nagar Nigam Market, whereas the Petitioners were Officers of the Company called M/s Great Seeds National Pvt. Ltd. The accused had a C & F situated at Jagat Patna High Court Cr.Misc. No.24680 of 2010 (9) dt.16-07-2013 2 Narayan Road, Kadam Kuan, Patna, which was running in name of Bihar Sales Agency since 2003-2006 and distributing the produce of the company. Some of the accused as agents of the company used to visit the shop and allured him for taking a dealership of the Company for sale of their products, for which he issued a cheque of Rs.20,000/- and three blank cheques as security. However, despite the company having taken a sum of Rs.1,25,299/- they did not supply the goods. The accused persons thereafter also visited his shop and committed theft of his personal belongings. With these allegations, the present Complaint was filed.
It has been submitted on behalf of the Petitioners that evidently the complaint petition is a misrepresentation of fact. No doubt, the Complainant had been appointed a sales agent but since he had failed to account for certain amount of money a legal notice was sent to him on 7.1.2008 and subsequently a suit was filed bearing O.S. No.713 of 2008. Having been accosted by the company to his disadvantage the present complaint was filed with trumped up charges.
Notices had been issued to the Opposite Party No.2 but despite service of notice he has chosen not to appear before this Court.
Patna High Court Cr.Misc. No.24680 of 2010 (9) dt.16-07-2013 3
On going through the Complaint petition and the accompanying documents, I am of the view that the present Complaint is nothing but an abuse of the process of the Court and is fit to be quashed.
Hence, the application is allowed and the entire proceeding including the order dated 11.8.2008 passed by the Judicial Magistrate, 1st class, Muzaffarpur in Complaint case No.561 of 2008 is hereby quahsed.
However, the quashment of the present proceeding shall have no bearing on any civil litigation pending between the parties.
(Anjana Prakash, J) Narendra/-