Decided on October 16,2012

Ramanathan Natarajan And Others Appellant
State of Uttarakhand and others Respondents


- (1.) By means of this petition, a prayer has been advanced to quash the entire proceedings of criminal case no. 575 of 2011 titled as State of Uttarakhand Vs. N. Prasad Rao and others, under Section 406 IPC pending in the court of Chief Judicial Magistrate, Udham Singh Nagar. The genesis of the dispute between applicants and respondent no. 2 (Mr. Harinder Raj Matta) is that latter was a representative of IRC India Limited (respondent no. 3). This IRC India Limited is a big Company, having a fleet of trucks and indulged in transportation business, having its Head Office in New Delhi and Regional Offices in four Metros of India. It has also its Branch Office at Pant Nagar, District Udham Singh Nagar. Need not to say, in Pant Nagar a large number of manufacturing factories have been established, one of them was engaged in manufacturing of vehicles, so every new vehicle so manufactured needed the fitting of a battery therein.
(2.) Applicants are manufacturers of such batteries at Tirupati, Andhra Pradesh, so an offer was made by respondent no. 2 on behalf of IRC India Limited to the applicants/ Company for transportation of batteries to their customers i.e. vehicle-manufacturing factories at Pant Nagar. This offer was made on 04.05.2009 copy whereof is Annexure No. 2 to the petition. The terms of agreement were amended on 15.12.2009. These Batteries were being transported from Tirupati to Pant Nagar and the entire transportation and management of the same, was being looked after by Mr. Matta.
(3.) Somehow, a dispute arose between Mr. Matta and applicants/Company regarding enhancement of the transportation as well as storage charges, so Mr. Matta detained 7404 Batteries of the applicants in a warehouse, valuation whereof was more than Rupees One Crore. He did not supply those batteries to the manufacturing factories at Pant Nagar and withheld them, consequently, a dispute escalated, so the applicants contacted the Head Office of IRC India Limited and made a settlement agreement dated 25.10.2010 with another representative, deputed for the purpose on behalf of IRC India Limited. The dispute was settled by way of making the payment to the tune of Rs. 32 Lakh plus, so IRC India Limited issued a No Dues Certificate to the applicants, copy whereof is Annexure No. 5 to the petition.;

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