JUDGMENT :

1. Rule.

2. Rule made returnable forthwith. Heard. finally with the consent of the parties.

3. This Petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short), seeks to quash the private complaint instituted by the Respondent No.2 in the Court of Judicial Magistrate, First Class, Ulhasnagar, Thane as well as order dated 16th August, 2021 issuing process against the Petitioner for the offence punishable under Section 420 read with 34 of the Indian Penal Code, 1860.

4. Facts giving rise to the present petition are that Amazon Seller Services Pvt. Ltd. is a Company registered under the Companies Act, 1956. Petitioner operates as an e-commerce Marketplace, which follows a marketplace based model of e-commerce within the meaning of Clause (iv) of Press Note 2 issued by the Government of India, Ministry of Commerce and Industry. It is e-commerce entity, provides information technology platform on a digital and electronic network to act as a facilitator between buyer and seller. Thus, Petitioner does not follow inventory based model of e-commerce, where inventory of goods and services is owned by e-comme