Amar Singh Chauhan, J. - (1.) Heard Sri Swapnil Kumar, learned counsel for the applicants, learned AGA for the State and perused the record.
(2.) The applicants, through this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the criminal proceedings of Complaint Case No. 5091 of 2014, (New No. 2402 of 2015) Om Prakash Sharma Vs. Siddharth Lal and others, under Sections 420 and 120-B I.P.C., Police Station New Agra, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 11, Agra and further prayed to stay the entire criminal proceedings of the aforesaid case.
(3.) Brief facts which give rise to this application is that the applicant no. 1 is one of the partner of the registered partnership firm namely M/s Prem Auto Enterprises, Agra and the applicant no. 2 is Sales Manager in the aforesaid registered partnership firm. The aforesaid partnership firm is the registered dealer of V.E. Commercial Vehicles Ltd., (Volvo Group and Eicher Motors Joint Ventures) and is selling their products mainly buses and trucks. The opposite party no. 2 has filed complaint on 09.10.2014 before the Additional Chief Judicial Magistrate, Court No., 11, Agra with the allegation that opposite party no. 2 is having business of running trucks, that in the year 2010 the applicant came with a scheme that good trucks of the company has been launched and you can purchase the trucks. Believing on this scheme the opposite party no. 2 and his other relatives purchased 14 trucks in the year 2011 which was financed by the Bank. It is also alleged that the aforesaid trucks sold by the applicant's firm suffered from manufacturing and technical defects due to which opposite party no. 2 has suffered financially and could not repay the instalment of the bank and on enquiry it is found that the trucks has been sold above the actual price in collusion with each other which has resulted wrongful loss to the opposite party no. 2. The Actual price of the trucks was Rs. 13,60,000/- but the applicant no. 1 in collusion with Mukesh Kumar has charged Rs. 3-4 Lakhs more above the actual price. After hearing statement recorded under Section 200 and 202 Cr.P.C. the learned Chief Judicial Magistrate has taken cognizance under Section 420 and 120-B I.P.C. and summoned the applicants to face the trial under section 406, 420, 467, 468, 471 and 120-B I.P.C.;