Syamal Kanti Chakrabarti, J. - (1.) The present revisional application is directed against the order dated 26.02.2009 passed in Complaint Case No. CR 193/2009 passed by the Learned Judicial Magistrate, 2nd Court, Paschim Medinipur under Section 418/420 IPC and for quashing of the said proceedings.
(2.) The complainant Sushil Kumar Goel, Constituted Attorney of Smt. Asha Goel has lodged the said complaint alleging, inter alia, that accused no. 1, Cargill India Private Limited is a body corporate under the Companies Act, 1956 and accused nos. 2 to 6 are its Directors and responsible for the day to day affairs of the business and accused no. 7 is an employee under accused nos. 1 to 6. The petitioners herein are manufacture of Soyabin Oil and Sunflower Oil in the name and style of GEMINI SOYA and GEMINI SUNFLOWER OIL. All the 7 accused lured the complainant to become a distributor of their product in Kharagpur and accordingly being attracted by the said offer of the accused persons the complainant paid a sum of Rs. 50,000/- by an account payee demand draft being no. 931640 dated 29.09.2008 in favour of the accused no. 1, Cargill India Private Limited which was received by them and the accused persons promised to deliver a consignment amounting to 75 cases of Soyabin and Sunflower Oil. But till filing of the complaint the said consignment was not delivered by them and the amount is still lying with them. It is alleged that accused nos. 1 to 7 had full knowledge and commercial intention that the consignment shall never be delivered but induced the complainant to deliver the sum of Rs. 50,000/- and thereby cheated him which offence is punishable under Section 418/420 of the IPC. Upon perusal of the said complaint and initial deposition of he complainant the Learned Court below by order dated 26.02.2009 took cognizance of the offence under Section 420 and issued process against all the accused persons.
(3.) Being aggrieved by and dissatisfied with such order the accused nos. 1 and 7 have filed the instant revisional application and contended that the accused petitioner no. 1 is a subsidiary company and is a part of international business operations of Cargill India Private Limited, a company providing food, agricultural and risk management products and services worldwide. The company operates through a service network of distributors to market its branded edible oils of Nature Fresh and Gemini. M/s. Ganesh Lal Agarwal in Kharagpur is a super distributor from August, 2007 who in turn sells such branded goods on cash/ credit to various parties and dealers including opposite party no. 2 herein, i.e., Sushil Kumar Goel. It will be evident from the invoices dated 02.07.2008 and 04.07.2008 that the said M/s. Ganesh Lal Agarwal, Kharagpur had commercial transaction with the said OP No. 2 for a total sum of Rs. 96,005/- for selling Gemini Refined Vegetable Oil. It is the further case of the petitioner that after receipt of the said articles the opposite party no. 2 became defaulter in paying dues. So the said M/s. M/s. Ganesh Lal Agarwal, Kharagpur requested the petitioner no. 1 to intervene and resolve the matter amicably. Pursuant to the intervention of the petitioner no. 1 the opposite party no. 2 paid the admitted payment to M/s. Ganesh Lal Agarwal, Kharagpur through the petitioner no. 1 in accordance with their discussion and consensus arrieved at for which the demand draft was made in the name of the petitioner no. 1. On receipt of the same the petitioner no. 1 credited the same to the Trade Account of M/s. Ganesh Lal Agarwal, Kharagpur, the super distributor of petitioner no. 1 to the extent of Rs. 50,000/- as agreed to by the petitioner no. 1, M/s. Ganesh Lal Agarwal, Kharagpur and the opposite party no. 2. But unfortunately the instant complaint has been lodged on false and frivolous grounds which has no basis at all.;