317 OF 2008 Arising out of SLP Crl No.4661 of 2007 B. Sinha, J. Leave granted.
The pleading on behalf of the accused is that the bank draft of Rs.1,68,000/ was returned to M s. Akash Traders on 8.1.2001 and its payment was received by the companyplainant on 19.2.2001 under protest.
A demand was made by the companyplainant to deliver goods by a letter dated 24.9.2000 stating that the companypany owes him a sum of Rs.1,00,000/ .
Inter alia, relying on or on the basis of the allegations made in the companyplaint petition that the companypany with mala fide intention neither sent the goods, number returned the money an order for summoning the appellants was passed on 8.5.2001.
The said demand drafts were sent to the appellant through the local Sales In charge of the Company.
On or about 25.2.2001, Ashok Kumar Aggarwal, the original companyplainant expired.
It is the submission of the companyplainant that on 13.9.2001 bank draft of Rs.1,68,000/ was sent in favour of Britannia Industries Ltd. but on behalf of the accused the above amount did number return till 7.2.2001 to the companyplainant.
On or about 17.2.2001, i.e., after filing of the companyplaint petition, the dealer accepted the said demand drafts being dated 8.1.2002 for a sum of Rs.1,68,000/ .
It is stated that the companyplainant refused to take the same back.
M s. Akash Traders were the authorized agent of Britannia Industries Ltd. and according to terms and companyditions of the Agreement, Britannia Industries Ltd. used to supply biscuit to M s. Akash Traders, Azamgarh.
The stand of the companypany that his dealership had been terminated was reiterated by a letter dated 25.9.2000.
Britania Industries Ltd. was number impleaded as an accused therein.
The learned Chief Judicial Magistrate, by an order dated 13.12.2001 discharged the accused in terms of Section 245 2 of the Code of Criminal Procedure, holding From the perusal of the record, this fact has companye to light that in between the companyplainant M s. Akash Traders, Azamgarh and Britannia Industries Ltd., Kolkata an agreement was made.
On 8.9.2000, Britannia Industries Ltd. terminated the agency regarding agreement as a result of which in between the parties dispute arose.
A substitution application was filed by the second respondent Alok Kumar Aggarwal on or about 19.4.2001.
A new Area Wholesaler for Azamgarh was appointed by the companypany.
CRIMINAL APPEAL NO.
Ashok Kumar Aggarwal, purported to be the proprietor of the firm M s. Akash Traders, filed a companyplaint petition in the companyrt of Chief Judicial Magistrate, Azamgarh against the appellant herein for companymission of an offence under Section 406 of the Indian Penal Code.
M s. Akash Traders was an Area Wholesale dealer of Britannia Industries Limited the Company for Azamgarh, U.P. Dealership of Respondent No.2 was terminated by the said companypany.
It was earlier informed that goods will be delivered only upon receipt of demand drafts issued by it.
An application for recalling the order summoning before the learned Chief Judicial Magistrate was filed by the appellant.
Complainant sent two demand drafts for a sum of Rs.18,000/ and Rs.1,50,000/ for supply of goods on 14.9.2000 despite the fact that the dealership had been terminated earlier.
