AABID HUSSAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Misc. Criminal Case under Sec. 482 of the Cr.P.C. has been preferred for quashing the FIR No. 0010/2021 dtd. 1/1/2021, registered at Police Station Bhalumada, district Anuppur for the offence punishable under Ss. 409 and 420 of the I.P.C.

(2.) The factual background giving rise to present M.Cr.C. reveals that the complainant/respondent No.2 on 2/1/2021, filed a complaint before Police Station Bhalumada, district Anuppur alleging that in 1995, he and Samrendra Das jointly managed a cable network in the name and style of OM Cable Network. On 28/2/2004, an agreement was executed and four new partners including the present applicant were inducted, in the said firm. As per the agreement, Samrendra Das was managing the network, but later on present applicant started looking after the firm's work. It is alleged that he destroyed the cable network and started his own optical fiber network in the name and style of Raj Cable Network.

(3.) Learned counsel for the applicant submitted that applicant has been falsely implicated. The allegation relates to violation of terms and conditions of the agreement dtd. 28/2/2004 and recovery of money and for rendition of account. It is submitted that agreement dtd. 28/2/2004 was for a period of seven years and enforceable upto 31/12/2010. It is submitted that the Government of India, Ministry of Telecommunication, New Delhi vide notification dtd. 23/12/2006 has cancelled all the cable network system and introduced a new system Digital Addressable System (DAS). It is submitted that on the face of it the applicant did not commit any offence, so as to attract the provisions of Ss. 409 and 420 of I.P.C. He has placed reliance on Indian Oil Corporation Vs. NEPC India Ltd. and others (2006) 6 SCC 736, wherein the Supreme Court has held :-