C.M.M. Bangalore, have sought for quashing the said criminal proceedings launched against them. As these petitions relate to one and the same criminal proceedings in C.C.No.20672/2003 and since common questions of fact and law arise for consideration, all these petitions were heard together and are being disposed of by this common order.

2. Petitioners 1 to 5 in Criminal Petition No.1891/2006 have been arraigned as accused Nos.1, 2, 4, 5 and 6 respectively, petitioner in Crl.P.No.4069/06 has been arraigned as accused No.8, petitioner in Crl.P.No.3892/07 has been arraigned as accused No.7, while the petitioner in Crl.P.3618/07 has been arraigned as accused No.3 in the charge sheet filed by the Assistant Commissioner of Police, F & M Squad, CCB, N.T. Pet, Bangalore alleging offences punishable under Sections 418 and 420 r/w 34 IPC.

3. M/s. Scarlet Flowers and Agritech Ltd. (for short ‘Scarlet’), a public limited company having its registered office at No.6-1-71, Lakdi-ka-pul, Hyderabad, A.P. and Corporate Office at No.284, II Main, J.P.Nagar III Phase, Bangalore was the complainant before the Police and it has been arraigned as respondent No.2 to these petitions. The petitioners herein are stated to be the Chairman, Directors and officials of M/s. Oriental Floratech India Ltd. (for short ‘Oriental), a public limited company having its registered office at II floor, Darabshaw house, Ballard Estate, Mumbai.

4. Facts leading to the presentation of these petitions are as under: Oriental was engaged in floriculture consultancy, plant propagation activities, and supply of planting materials to various floricultural companies ad grower’s. The activity of the Scarlet was floriculture namely growing and export of fresh cut roses. Some time during the year 1994, Scarlet conceived a project for growing the roses and to export the same to overseas countries. According to Scarlet in a seminar on floricultural industry held during the month of July-August 1994 in Bangalore City, accused No.1 (R.R.Bhinge) being the Director of Oriental and other staff members met Smt.G. Avanija Reddy, the Managing Director and G. Rajashekar Reddy, Director (CWs. 1 and 2) of Scarlet and represented to them that Oriental is the authorized representative/agent for major rose breeders of the world namely (1) De Ruiters New Roses International B.V.(2) Terra Nigra b.v. and (3) W.Qordes Sohne and that Oriental is having marketing expertise and practical experience in various aspects of rose production in Indian climatic conditions. It is thereafter CWs. 1 and 2 stated to have formed the company ‘Scarlet: and after negotiations a Memorandum of Understanding (for short ‘MOU’) dated 21.12.1994 was entered into between Oriental and Scarlet for consultancy assistance for the implementation of the project of floriculture by Scarlet. Under the said MOU among other things it was agreed that Oriental should provide all assistance and co-operation in procuring the planting material for the purpose of the project either by procuring the same from its own propagation facilities or sourcing the same from elsewhere. The duration of the said consultancy agreement was from the date of the execution of the agreement and until the first export of cut flowers by Scarlet or 31.3.1996, whichever is earlier. However, the agreement provided for extension of the period by one calendar year from the first export date on mutually agreed terms. For the consultancy services to be provided by Oriental, Scarlet was required to pay one time fee of Rs.20 Lakhs at different stages as mentioned in the agreement. Thereafter, Oriental sent report on variety port folio to Scarlet along with its letter dated 29.12.1994 for floricultural project of Scarlet in 4 hectare area. According to Oriental, for 4 hectare project Scarlet required 2,80,000 plants and the price of each plant at the nursery of the Oriental was Rs.58/-per plant inclusive of royalty. Oriental informed Scarlet that out of 8 var