BHARAT DESAI, S/O NATWAR LAL DESAI, MANAGER (OPERATION), CORE HEALTHCARE LTD Vs. STATE OF BIHAR AND SRI PRAVESH KUMAR

JUDGEMENT

(1.) Heard the parties.

(2.) The Petitioner of Cr. Misc. No. 13629 of 2001 is the Manager (Operation), Core Healthcare Limited having its office at Ahmedabad and the opposite party No. 2 is the complainant and proprietor of Dolphin Sales having its office at Kankarbagh, Patna.

(3.) A complaint case was instituted by the opposite party No. 2, under Sections 409, 420, 467, 468 and 120B/34 of the Indian Penal Code. The allegation in the complaint petition is that there was an agreement to enter into business between the two parties and it is alleged that the complainant had to invest Rs. 2.5 to 3 lacs to procure the products of the company and supply them to the different stockist. It is said that he was the distributor on the basis of 5% commission. There is a dispute with respect to the supply of goods and the amount of commission to be paid to the complainant by the Petitioners, which resulted in lodging of Complaint Case No. 240(c) of 2001. The Petitioners on the other hand lodged a complaint petition numbered as 1626 of 2001 on 1.11.2010 at Ahmedabad making certain allegations against the complainant with respect to the agreement between the parties regarding the distribution and sale of the goods of the Petitioner's company.