- (1.) HEARD Sri Raunak Parekh, learned counsel for applicants and learned A.G.A. No one appeared on behalf of O.P. No.2 despite previous notice dated 04.11.2014.
(2.) THIS Section 482 Cr.P.C. application has been filed for quashing the proceedings of criminal complaint in Criminal Case no. 7247 of 2003, under Sections 406, 420 and 120 -B IPC, pending in the Court of Metropolitan Magistrate -VI, Kanpur Nagar.
(3.) ROTOMAC Pens (P) Ltd. (for short RPL/ O.P. No.2) lodged a criminal complaint against Rohit Stationery Centre (P) Ltd. and others (for short RSC/ Applicant), alleging that RPL is engaged in the business of manufacturing and trading of pens under the trade name ''Rotomac' through its authorized distributors spread all over the country and RSC is one of its distributors, applicants no.2 to 4, are its directors, who are responsible for day to day business. It was alleged that RPL used to supply Rotomac Pens to RSC pursuant to orders placed by them, time to time on credit against payments within the stipulated period as per terms and conditions of RPL. It was alleged that with a view to gain confidence to begin with RSC made payments against goods supplied, but subsequently started withholding payments, so much so that in February 2002, there were outstandings to the tune of Rs.8,07,784.08 as against RSC, a notice of demand dated 14.11.2002 and 14.05.2003 was sent, but the claim was alleged to have been repudiated by RSC on frivolous grounds. It was thus alleged that RSC had a dishonest intention right from the very beginning and it conspired with its directors with an intention to cheat RPL. The learned Magistrate, after recording the statements under Sections 200 and 202 Cr.P.C, proceeded to summon the applicant on 12.12.2003 for offences under Sections 406, 420, 120 -B IPC. It is submitted by Sri Raunak Parekh, learned counsel for the applicants that assuming all allegations made in the complaint as true and correct, no offence whatsoever is made out against the applicant, and the complaint proceedings are liable to be quashed.;