- (1.) Heard learned counsel for the petitioner and learned counsel for the respondent State. No one appears for the private respondent No.2 in spite of repeated calls, even though, the name of the learned counsel for respondent No.2 appears in the cause list.
(2.) The petitioner being the then Chairmancum- Managing Director of Maruti Udyog Ltd. has been made accused in Complaint Case No. 365 of 1999 pending in the Court of learned Chief Judicial Magistrate, Ranchi for the offence under Section 406, 420 and 120B of the I.P.C. The petitioner prayed for quashing the entire criminal proceeding as against him in the said criminal case.
(3.) The facts of this case lie in a short compass. The respondent No.2 Prabhash Chandra Roy had filed a complaint case before Chief Judicial Magistrate, Ranchi, which was registered as Complaint Case No.365 of 1999, wherein it was alleged that the petitioner who was ac- cused No.4 in the said complaint case and the other co-accused persons had widely advertised that Ashish Automobiles at 15, Ranchi Club Complex, Main Road Ranchi, was authorised to take orders for delivery of the Maruti cars and Vans manufactured by the Maruti Udyog Ltd. of which the petitioner was the Chairman-cum-Managing Director. It is alleged in the complaint petition that the said advertisement was issued within the knowledge and with consent of the petitioner and believing on the said advertisement, the complainant had deposited Rs.2,01,000/- by way of two account payee demand drafts on 8.12.1998 for booking a Maruti car. The said drafts were issued in favour of the Corporation Bank Account Maruti Udyog Ltd.;