Vimlesh Kumar Shukla, J. - (1.) PETITIONERS who are two in number are before this Court with a request to quash the FIR dated 16.07.2015, registered as Case Crime No. 362 of 2015, under Sections 420, 467, 468, 471, 406 IPC, Police Station Partapur, District Meerut and for commanding the Respondents not to harass the petitioners.
(2.) PETITIONERS before this Court are stating that they are partners of M/s. A.M. Associates, a partnership firm that functions in the name and style of M/s. O.S.G. Exim Services Private Limited. Said firm is engaged in providing and uploading all the required documents and information of the export and bank realization details on the DGFT website and generate an application for obtaining the Licenses and acting as a liaison agent. Petitioners submit that Sharda Exports executed power of attorney in the name of its employees namely Prabhash Chandra Sharma, the Manager as well as Gurnam Singh, Senior Executive to be the authorised signatory for signing of application, Bank Realisation Certificates, shipping bills and other documents required for issuance and obtaining of the Focus Product Licenses and to make and to make necessary amendments and changes in the document. Petitioners are stating that whatever activity has been carried out by them, same has been at the instruction and directives of Prabash Chandra Sharma, Manager and Gurnam Singh, Senior Executive and Sharda Export has proceeded to lodge FIR by mentioning that petitioner Nos. 1 and 2 who are allegedly operating a firm in the name and style of A.M. Associates in connivance with Gurnam Singh, sold 56 licences within a period of 5 years i.e. from 2009 -2014 and by such activity Rs. 4.50 Crores has been swindled as said amount has been distributed amongst the relative of Gurnam either in cash or in their accounts, whereas said amount was liable to be deposited in the account of Sharda Exports, but the same was misappropriated. In the FIR it has been mentioned that sum of Rs. 60.35 lacs has been paid back to the informant by the petitioners. Petitioners' submission is that whatever transaction has been undertaken, same are valid transaction and in case first informant has any grievance, his grievance should be with Gurnam Singh and as far as petitioners are concern, unnecessarily in designed manner they have been arrayed as an accused in the present case and under threat they have been forced to make payment of Rs. 60.35 lacs. Supplementary affidavit has been filed on 14.08.2015 and therein once again same set of facts have been repeated that petitioners have nothing to do with the affair of Gurnam Singh, who is actually employee of respondent No. 4. In the said affidavit in question, statement of account have been appended to show that regularly Sharda Exports made payments to the petitioners firm and amount was debited that was paid on behalf of Sharda Exports relating to fee and miscellaneous charges etc. It has been further mentioned therein that Sharda Exports is partnership firm, changes its character every five years by just changing sequences of partners/directors or by adding some new names by deleting previous names. Petitioners have proceeded to mention that no amount had been transferred un -authorizedly, but on the directive of authorised representative said exercise has been undertaken.
(3.) SUPPLEMENTARY affidavit has been filed on 25.08.2015 appending therein copy of the account of A.M. Associates and copy of the account of Kotak Mahindra Bank Pvt. Ltd. and in the said supplementary affidavit, it has been submitted that there has been various cash transaction and on the asking for amount has been deposited.;