Dhrub Narayan Upadhyay, J. - (1.) THESE petitions have been filed for quashing the order dated 27.10.2001 passed by learned Chief Judicial Magistrate, Dhanbad in connection with C.P. Case No. 911 of 2001 and also the entire criminal prosecution arising out of said C.P. Case No. 911 of 2001 launched against the petitioners. The fact, in brief, is that the complainant runs a business under the name and style of M/s. Bajaj Sales having its place of business at Dhanbad. The accused Company M/s. Larsen & Turbo Limited (Company for short) offered the work vide their letter No. BIH/C&F/PATNA/KAS/007 dated 24.5.1999 for (A) Cleaning and Forwarding of Consignment of Cement from Bhaga Railway siding at Dhanbad, and (B) Storage and Delivery of Cement and other services from their Dhanbad Godown. The complainant -Company accepted the offer and as per terms and conditions, deposited bank guarantee for Rs. five lakhs as security deposit in favour of M/s. Larsen & Turbo Limited.
(2.) IT is alleged that the complainant has performed his part of obligation and further raised bills, but the Company and its officers, who are accused, arbitrarily did not consider the grievances raised by the complainant and invoked bank guarantee Of Rs. five lakhs. The complainant made several correspondences but no satisfactory reply was given and, therefore, he had left no option, but to file this case. Learned Magistrate after holding enquiry, took cognizance and directed to issue summons against the accused persons to face trial. The petitioner Nos. 1 and 2 in Cr.M.P. No. 12 of 2002 were posted as Marketing Executive and Sales Officer under M/s. Larsen & Turbo Limited, whereas petitioner -Sandeep Kumar Bagchi in Cr. M.P. No. 99 of 2002 was posted as Branch Manager, Bank of India, Jharia Branch, Main Road, Jharia, Dhanbad.
(3.) LEARNED counsel for the petitioners has referred Clauses -AB 5 & 6 of the contract dated 16.5.2000 forwarded to the complainant and submitted that Clause -AB5 indicates about arbitration and Clause -AB6 indicates about jurisdiction of the courts. The aforesaid Clauses reads as under "ARBITRATION Any dispute arising under or relating to this agreement shall be resolved by arbitration, in accordance with Indian Arbitration Act, 1940 as amended or re -enacted, by reference to a Sole Arbitrator. The venue of Arbitration shall be Mumbai. JURISDICTION All causes or action arising out of or under this agreement shall be subject to the jurisdiction 'Of courts situated in Mumbai.";