D.P.SINGH,J. - (1.) HEARD both sides at length.
(2.) THE present criminal miscellaneous petition has been preferred by Gulf Oil Corporation Ltd. and others connected with the affairs of the said Firm against order dated 8.8.2007 by the Judicial Magistrate, 1 st Class, Jamshedpur in Complaint Case No. 421 of 2007 under Section 420 of the Indian Penal Code against them. Brief facts in short leading to this petition are that the opposite party No. 2, M/s S.N. Ghosh was appointed as (C and F) Agent for clearance and distribution of the products of Gulf Oil Corporation Ltd. for M/s R.M. Autolube and M/s S.N. Ghosh and Company having its offices at Kolkata and Jamshedpur, for the town of Jamshedpur and Ranchi on 1.11.1998 in furtherance of the terms and agreement dated 14.8.1998. According to the complainant, he developed the business of the petitioner -Company to flourish. However, the accounts showing the deposit of cheques sent towards payment of supply of goods by the petitioner was not properly maintained with intention to deprive the right of the opposite party No. 2 as (C and F) Agent of the Company. It has further been stated in the complaint petition that later on false pretext, a case for liquidation of the Company of the opposite party No. 2 was initiated by the petitioners resulting in Criminal cases and civil suits between the parties at Kolkata. Thus, the petitioners have committed the offences under Sections 406 and 409 etc. of the Indian Penal Code for which the complaint has been preferred. However, the learned court below after enquiry having considered the materials on record found that a prima facie case has been made out under Section 420 of the Indian Penal Code and summonses were directed to be issued.
(3.) THE present petition has been preferred in February 2008 challenging the order dated 8.8.2007 and praying therein to quash the cognizance taken by the impugned order on the grounds that the facts on record do not disclose any ingredient of any offence, rather, it discloses disputes of civil nature. It has also been asserted that with the facts admitted on record, the opposite party No. 2 was an Agent of the petitioner -Company, who has already preferred a civil suit bearing Title Suit No. 60 of 2007 pending before the Court of Sub -Judge, Jamshedpur for realization of the deposited amount of Rs. 15,00,000/ - (fifteen lakhs). Therefore, the criminal case filed on the basis of non -accounting of the said cheques cannot be gone into by a Criminal Court. It has also raised finger upon the capacity of the opposite party No. 2 to file criminal case against the petitioners on behalf of two different firms. The miscellaneous petition further mentions that opposite party No. 2 was appointed as stockiest by the petitioner - firm and during year 1999; Rs. 82.98 lakhs have become due in respect of the goods supplied to the opposite party No. 2. It further mentions that for alleged irregularity, petitioners filed the complaint resulting in registration of Shakeshpeare Sarani Police Station Case No. 63 of 2001 under Sections 409, 467 and 471 of the Indian Penal Code. It further mentions that a suit has been preferred by the petitioner, Civil Suit No. 144 of 2002 against the opposite party No. 2 and others for a huge sum of Rs. 1,03,78,385/ - and Rs. 63,13,662/ - against the opposite party No. 2 and other firms, resulting in series of proceedings before the Honble Kolkata High Court. It further mentions that for these proceedings, the properties of opposite party No. 2 and M/s R.M. Autolube Pvt. Ltd. has been attached and a Receiver was appointed, resulting the present false case.;