KISHAN N. PARIKH Vs. TRILOCHAN BARIK

JUDGEMENT

(1.) The petitioners have filed this application to quash the proceeding initiated against them and to set aside the order refusing to recall the order dated 12.02.2002 passed by the learned S.D.J.M., Panposh in I.C.C. Case No.56 of 2001 taking cognizance of the offence punishable under Sections 420/403/406/34 I.P.C.

(2.) The facts as revealed from the complaint petition are that M/s. Jamshedpur Beverages Ltd. appointed one Umakanta Barik as a dealer for its product who was carrying on business in the name and style of "Subhalaxmi Agency" at Rourkela. During the course of business, Umakanta Barik paid different amounts at different points of time to the Company for its product and other business. All the transactions of the Company in respect of Umakanta Barik were either made by him or through others. The Company has never transacted business with anybody else in respect of the business of Umakanta Barik in their personal capacity. The complainant- Trilochan Barik filed a complaint case stating that the petitioners in the capacity of Managing Director of the Company and one Bani Prasad Banerjee, who was an employee of the said Company, are responsible for committing the offence. Umakanta Barik and complainant-Trilochan Barik (opposite party no.1) had the relationship with regard to the management of their dealership, for which they were also maintaining the books of account. It is further alleged that while maintaining the books of accounts, the complainant has taken money from the source which has been mentioned on various dates under the heading of expenses.

(3.) It is further stated that with the knowledge of the accused persons, particularly, Bani Prasad Banerjee, who was an Area Development Manager of the Company and the Managing Director and as per their guidance and negotiations, the complainant has invested money through its partnership business and Bani Prasad Banerjee and Umakanta Barik have persuaded the complainant to deposit money for Beverage transaction under the dealership which was running in the name of Umakanta Barik. In good faith, the complainant had given money, but subsequently, he could not get back his money when the said Jamshedpur Beverage Company was liquidated and was merged with another company. Ultimately, with the connivance of accused-Bani Prasad Banerjee and the Managing Director of Jamshedpur Beverage accused Umakanta Barik has grabbed the money which was invested by the complainant.