Rule. Rule made returnable forthwith. By consent, taken up for final disposal at the stage of admission.

2. By the present application filed u/s 482 of the Code of Criminal Procedure (Cr.P.C.), the applicants seek exception to the criminal proceedings initiated against them wherein they are arrayed as accused for commission of offence punishable u/s 420 of Indian Penal Code (IPC), pursuant to order dt. 24/12/2012 passed by Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon (now transferred to Sewree Court), Mumbai in a private complaint filed u/s 406 and 420 of IPC, at the instance of respondent No. 1/Complainant. In nutshell, it is the case of the applicants that filing of such private complaint by respondent No. 1 alleging therein criminal act to dispute of purely civil and commercial dispute is a gross act of abuse of process of Court, which resulted into causing serious miscarriage of justice to the applicants. According to the applicants, acts of respondent No. 1 to give shape of criminal case to a dispute which is purely civil and commercial in nature is a gross abuse of process of law, which needs to be prevented by this Court in exercise of its jurisdiction u/s 482 of Cr.P.C., by quashing the criminal proceedings initiated against the applicants.

3. In nutshell, it is the case of the applicants that applicant No.1 is a private limited Company deals in the business of manufacturing and/or marketing of aspetic packaging material and processing and filling machinery thereof. Applicant No. 2 is a Company incorporated under the laws of Switzerland. The applicant No. 1 is an associate company of Applicant No. 2. The applicant No. 6 is a Company Secretary of applicant No. 1. The respondent No. 1 is a private limited Company.

4. The applicant No. 1 carries on business of manufacturing and marketing of aspectic packaging material special quality known as “Tetra Pak Package” used for packing of liquid food such as juice, nectar, ready to drink beverages, milk and milk products so that the such liquid products remain fresh for long periods without any preservatives and affecting their quality and standard and easy for storage. One Trinity Beverages Pvt. Ltd., was transacting business with Applicant No. 1 for itself and its associate companies namely; Kanti Beverages Pvt. Ltd and Venkatesh Beverages Ltd. The applicant No. 1 had leased out packaging machines to said associate companies of Trinity Beverages Pvt. Ltd., and also supplying packaging material to the said associate companies.

5. On 10/2/2004, an Agreement was entered into between Trinity Beverages Pvt. Ltd., and Applicant No. 1 for the supply of packaging material which inter alia provided for the Applicant No. 1 to supply the Trinity Beverages Pvt. Ltd. a minimum of 10 Lakh packs per order on such terms and conditions. Subsequent to the said Agreement dated 10/2/2004, respondent No. 1 raised certain issues and disputes with Applicant No. 1 and invoked the arbitration clause in said Agreement dt. 10/2/2004 and filed Arbitration Petition No.45/2004, for appointment of an Arbitrator in terms of Section 11 of the Arbitration and Conciliations Act, 1960. This Court was pleased to dispose of the said Arbitration Petition by order dated 3/12/2004 passed in the matter by appointing Satish J. Shah as the Sole Arbitrator. Subsequently, in said arbitration proceedings, the respondent No. 1 and applicant No. 1 entered into compromise before the Arbitrator. Accordingly, the award was passed on 5/12/2005 in accordance with the Consent terms entered into between the applicant No. 1 and respondent No. 1. In terms of settlement, it was agreed that Trinity Beverages Pvt. Ltd. would be entitled to take and retain possession of two TBA 10 machines which were earlier leased to Kanti Beverages Pvt. Ltd. and Venkatesh Beverages Ltd, of which lease rentals for calendar year 2004 and 2005 were waived. It was further agreed that the applicant No. 1 would offer a good deal to Trinit