Judgment

Shivaraj V. Patil, J.—Leave granted.

2. This appeal is by the accused in Complaint Case No. 1388 of 1997 in the Court of Chief Judicial Magistrate, Patna, aggrieved by the order dated 20.12.2000 passed by the High Court of Patna in Criminal Misc. No. 6232 of 1998.

3. In brief the facts to the extent rele­vant and necessary for disposal of this appeal are as under:-

There was an agreement dated 21.2.1995 between the appellant No. 1 ( the company) and the respondent No. 2 under which he was appointed as a consignment stockist of the company subject to certain terms and conditions.

4. The said agreement was valid till 20.2.1996. By a subsequent agreement dated 5.5.1997 the same arrangement was extended up to 31.3.1997 on the same terms and conditions. On 3.10.1997 respondent No. 2 (complainant) served a notice on the Manager Marketing and Regional Manager of the company requesting them to make payment of Rs.15.00 lacs to it within 15 days or in the alternative refer the disputes and differences to arbitration as per clause 29 of the agreement. Thereafter the parties met and the company offered to supply Ammonium Sulphate to the respondent for the period 1997-98 on ce