- (1.) All the three aforesaid applications, filed by three different applicants arise out of the same facts in the same complaint case, therefore all the three applications are being disposed of by a common order.
(2.) In all the three applications, the applicants have prayed for quashing of the order dated 22.9.2012 passed by learned Judicial Magistrate-II, Varanasi in Misc Case No. 151 of 2012 whereby the the application filed under Section 156(3) Cr.P.C. was treated as complaint and cognizance taken and also the summoning order dated 20.4.2013 passed by learned Judicial Magistrate-II, Varanasi in Complaint Case No. 2063 of 2012 as well as proceedings of said Complaint Case under Sections 406, 420 IPC.
(3.) The encapsulated facts of the case are that the complainant/opposite party no. 2, is proprietor of a firm in the name and style of M/s Radhika Inter Prises having its registered office at Varanasi, which deals into the business of food products as Consignment Sale Agent (herein after referred as CSA). It is alleged that the opposite party no. 2 entered into a business of food processing and trading of food products with the firm namely K.L.A. Foods India Limited, having its registered Head Office at 2nd Milestone, Kichha Road, Rudrapur-261153, District Udham Singh Nagar, Uttarakhand and its office at 21/4 Geeta Mandir Marg, New Rajendra Nagar, New Delhi-110060. The applicant namely K. L. Agarwal is said to be Chairman of the said firm. Applicant Arun Kumar Agarwal is Director of the said firm and applicant Ashok Kumar Agarwal is authorized signatory of the firm. It is alleged that the Regional Sales Manager and Regional Manager of applicant's firm approached the complainant at its firm and offered to appoint the complainant's firm as a Consignment Sale Agents after depositing a sum of Rs. 5 Lacs as a security money in favour of applicant's firm which was accepted by complainant no. 2. It is alleged that the opposite party no. 2, thereafter, issued a cheque for Rs. 1.21 Lacs vide Cheque No. 025637 dated 27.8.2011 of Federal Bank, Branch Mahmoorganj, Varanasi which was encashed by the applicant's firm. It is further alleged that the complainant is also said to have issued a cheque of balance amount of security money being Cheque No. 025638 dated 07.09.2011 and requested the applicant's firm to keep the said cheque as a security deposit and prepare an agreement for appointment of complainant's firm as Consignment Sale Agents. It is alleged that on 5.9.2011 Consignee Sales Agent Agreement was prepared at Rudrapur between the complainant and applicant's firm whereby the complainant was appointed as Consignee Sales Agent. The complainant is said to have paid the balance amount of security money through RTGS facility in the account of applicant's firm at Rudrapur. It is alleged that the food products sent to the complainant's firm by the applicant's firm were sold by the complainant's firm and the sale proceeds were deposited with the applicant's firm but the applicant's firm failed to pay the commission, rent etc of the food products to the complainant as per the terms and conditions of the agreement deed and also stopped to send further the consignment of food products to the complainant in contravention to the business agreement entered into between them.;