Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18574 of 2010 ====================================================== 1. M/s Naturell (India) Pvt. Ltd., Ist floor ‘B’ Wing Cypress, Central Avenue, Hiranandani Garden, Powai, P.S.-Mumbai, District-Mumbai. 2. Mr. Rajendra Koshtawar, Manager, Administration & Petitioner, M/s Natural (India) Pvt. Ltd., Ist floor ‘B’ Wing Cypress, Central Avenue, Hiranandani Garden, Powai, P.S.- Mumbai, District-Mumbai. 3. Mr. Vijay P. Uttarwar, Director, M/s Naturell (India) Pvt. Ltd., Ist floor ‘B’ Wing Cypress, Central Avenue, Hiranandani Garden, Powai, P.S.-Mumbai, District-Mumbai. 4. Mr. Rajesh Dave, M/s Naturell (India) Private Ltd., R-24, Jai Mata Di Compound Village Kalher, Taluka-Bhiwandi, P.S.- Thane, District-Thane Maharastra. 5. Mr. Navneet Sharma, Operation Manager, M/s Naturell (India) Pvt. Ltd., 1st floor ‘B’ Wing Cypress, Central Avenue, Hiranandani Garden, Powai, P.S.-Mumbai, District-Mumbai. .... .... Petitioners Versus 1. The State Of Bihar through the Secretary in the Department of Law & Justice, Govt. of Bihar, Patna. 2. Bimal Bohara Managing Director, J.B. Ware Housing and Trading Ltd. 113 Ashoka Place, Exhibition Road, P.S.- Gandhi Maidan, Town and District-Patna. .... .... Opposite Parties ===================================================== Appearance: For the petitioners : Mr. Rajendra Prasad, Adv. Mr. Gajendra Pratap Singh, Adv. For the State : Mr. Jitendra Kr. Roy, A.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 4 05-12-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. No one appears on behalf of opposite party no. 2 despite service of notice. 1. This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 28.04.2010 passed in Complaint Case No. 3275 (C) of 2008 by the Court of Mrs. Rajni Patna High Court Cr.Misc. No.18574 of 2010 (4) dt.05-12-2012 2 Kumari, Judicial Magistrate, 1st Class, Patna, whereby the learned Magistrate summoned the accused-petitioners, on enquiry under [STATUTE] against the accused- petitioners. 2. The brief facts leading to this application is that complainant/opposite party no. 2, Bimal Bohara, Managing Director, J.B. Ware Housing and Trading Ltd. filed the complaint case against the accused-petitioners with contention that he is the Managing Director of M/s J.B. Ware Housing and Trading Ltd. situated at Patna, which deals in business of consumer products, Accused-petitioner no. 1, M/s Naturell (India) Pvt. Ltd. is a company, which deals in manufacturing and sale of consumer product in all over India. Accused Nos. 2 to 5, Mr. Rajendra Koshtawar, Mr. Vijay P. Uttarwar, Mr. Rajesh Dave, and Mr. Navneet Sharma are respectively, Manager, Administration & Operation, Director, Operation Manager and Staff of M/s Naturell (India) Pvt. Ltd. (accused no. 1), who are fully responsible to day-to-day work and decision of the company. Accused Nos. 2 to 5 convinced him for consignment agent for product of accused no. 1, M/s Naturell (India) Pvt. Ltd. for Bihar. Accordingly, he became ready to be consignment agent for the product of accused no. 1, M/s Naturell India Pvt. Ltd. for Bihar and Patna High Court Cr.Misc. No.18574 of 2010 (4) dt.05-12-2012 3 letter was issued by the accused no. 1/company vide letter dated 13.09.2006, in which all the terms and condition were written for doing the business. At the time of appointment, accused no. 3, Mr. Vijay P. Uttarwar, Director of the Company assured him that there would be no change in the terms and conditions of business, if it required most urgent, then it would be decided by the written consent. In the light of the aforesaid letter, the business continued till 28.08.2007 but due to some reasons, business relation has been broken and he made request to the accused-petitioners to settle the dispute and pay Rs. 96197.25/-, which was due upon accused- petitioner no. 1, M/s Naturell India Pvt. Ltd. The complainant become surprised when he received letter dated 07.06.2008 and 02.07.2008 of accused-petitioner no. 2, Mr. Rajendra Koshtawar, Manager of M/s Naturell (India) Pvt. Ltd., in which it has been written that accused no. 1 is ready to pay only Rs. 66632.94/- without considering the re- stocking charges and detailing a new story that the company formulates new guideline under letter dated 10.09.2007. On the request of mail message sent by accused no. 4 Mr. Rajesh Dave on 28.09.2007 to him, in whom the instruction was given to take back the damaged stock and return the same to the company. The complainant took back the damage goods from the market and sent to the company. As such, the accused-petitioners has conspired and Patna High Court Cr.Misc. No.18574 of 2010 (4) dt.05-12-2012 4 cheated the complainant and put him loss of Rs. 96197.25/-. 3. Learned counsel for the petitioners submits that from perusal of the complaint petition, it would appears that the dispute appears to be of accounting in business transaction, which is of civil in nature but the learned Magistrate has illegally summoned the accused-petitioners for the offence under [STATUTE] . 4. On perusal of the complaint petition, it would appear that there is dispute of accounting in between the complainant/opposite party no. 2 and the accused-petitioners with regard to business of the product of accused-petitioner no. 1 with the complainant/opposite party no. 2. As such, ingredients as required for the offence under [STATUTE] are wanted. 5. Under the aforesaid facts and circumstances of the case, continuing of the proceeding against the petitioners is not in the interest of justice and amounts to abuse of the process of the Court. Accordingly, the impugned order dated 28.04.201

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.