Patna High Court - Orders
Jayanto Chaki & Ors vs State Of Bihar & Anr on 28 June, 2013
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 25548 of 2010
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1. Jayanto Chaki, S/o Late Niranjan Chaki, at present
working as Area Head, Sales in Hindustan Coca-Cola
Beverage Private Limited at present looking after the sales
in Bhagalpur & Purnea at present residing at Kalifabagh
Chowk at Bhagalpur.
2. Kaushlendra Kumar, S/o Ram Anugrah Narayan Sinha, at
present working as Sales Executive in Hindustan Coca-
Cola Beverage Pvt. Ltd. at present looking after the sales in
Jamshedpur at present residing at A1/1, Kanchenjunga
Apartment, Ulyan, Kadma, P.S.-Kadma Jamshedpur.
3. Vikash Kumar, S/o Ajay Prasad Verma, Market Developer
(off roll) working for Hindustan Coca-Cola Beverage Pvt.
Ltd. through M/s Adecco Flexione Workforce Solutions
Limited, having their corporate office at No. 2 NAL Wind
Tunnel Road, Murugeshpalya, Bangalore at present
residing at Hospital Road, P.S.-Farbisganj, District-Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sanjeev Kumar, S/o Ganga Prasad, Resident of Mohalla
Ramnagar, Ward No. 24, P.S. and Distt.-Katihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.
Mr. Parul Ranjan, Adv.
Mr. Kumar Manish, Adv.
For the Opposite Party/s : Mr. J. K. Singh, APP
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
03. 28.06.2013No one appears on behalf of the Opposite Party No. 2.
The Petitioners seek quashing of the entire proceeding including the order of cognizance u/s 420 IPC dated 05.03.2010 passed in Complaint Case No. 3782 of 2009 by the Chief Judicial Magistrate, Katihar.
The allegation in the Complaint is that the Patna High Court Cr.Misc. No.25548 of 2010 (3) dt.28-06-2013 2 Petitioners visited his pan-shop which also deals in selling of Coco-Cola cold drinks and offered him a scheme by which if he purchased Coca-Cola drinks worth Rs. 8,500/- he would be rewarded 9 caser visicooler. However, despite his purchase the accused persons did not supply him the visicooler hence he alleged the Accused had cheated him for which they should be prosecuted under Section 420 IPC.
It has been submitted on behalf of the Petitioners that they were the employees of the company Hindustan Coca-Cola Beverages Pvt. Ltd. where the Petitioner No. 1 was working as Area Head, Sales looking after the sales of the Company at Bhagalpur and Purnea, whereas the Petitioner No. 2 was the Sales Executive looking after the sales of the Company at Jamshedpur and Petitioner No. 3 was working for the aforesaid company as Market Developer.
It is absurd to believe that the Petitioners would have personally gone to his paan shop to offer him the scheme and in fact he had never been supplied any Coca- Cola. Further, whenever an agreement is entered into between the parties it is by a proper written agreement but the same does not find mention in the present Complaint in absence of which the oral allegations in the Complaint are not fit to be relied upon. Patna High Court Cr.Misc. No.25548 of 2010 (3) dt.28-06-2013 3
Having gone through the contents of the Complaint, there is no manner of doubt that in the facts of the case no criminal breach of trust is made out and hence the prosecution is fit to be set aside. Hence, the application is allowed and the entire proceeding including the order dated 05.03.2010 passed in Complaint Case No. 3782 of 2009 by which the Chief Judicial Magistrate, Katihar is, hereby, quashed.
(Anjana Prakash, J.) Vikash/-