- (1.) HEARD learned Advocate for the petitioner and the learned Advocate for the State.
(2.) THE revisional application under Section 482 of the Code of Criminal Procedure is directed to quash the investigation in connection with C. G. R. No. 1388 of 2007 now pending before the Id. Chief Judicial Magistrate, Alipore, South 24-Parganas.
(3.) THE opposite party herein filed a petition of complaint before the Id. Chief Judicial Magistrate, Alipore. Learned Magistrate passed an order in terms of Section 156 (3) of the Code of Criminal Procedure directing the Officer-in-Charge of Bhowanipore P. S. to register a case and initiate investigation treating the complaint as F. I. R. In the revisional application the petitioner has taken many grounds but the only question before this Court is whether the F. I. R. disclosed any commission of offence. The informant who is the complainant before the learned Court below has stated in the F. I. R. that the company deals with various automobiles, both commercial and passenger, and they are dealers under various companies. The company became the authorized dealer of M/s. Hero Motors Ltd. The company took delivery of Hero brand motor-cycles of different models and spare parts upon full payment. It is stated that the pre-condition of dealership for marketing of the products would be made by the accused company and the petitioner company should provide their expert man-power and other incidental resources. The accused company did nothing about marketing by using mass media or otherwise and as a consequence thereof, 18 number of products along with spare parts valued at Rs. 40,000/- duly procured by the petitioner could not be sold out. There was number of correspondence between the informant with the company. It is alleged that the petitioner company gave ultimatum to liquidate the stocks which the accused company dishonestly induced the complainant to transfer 19 piece of motor-cycles to their Midnapore dealer and the person from Midnapore dealer came in respect of the said motor-cycles expressed their desire to take delivery of 11 thereof at throwaway prices. The accused company assured the petitioner company that the Midnapore dealer will pay directly 50% of the total amount through PDC at 90 days from the date of billing but surprisingly the accused company denied the responsibility of payment.;