S.H.S.Abidi, J.

1. This application under Sec. 482, Cr. P.C. has been filed by the petitioner A. H. Wheeler and Company Pvt. Limited, Muzaffarpur, through T. K. Bhattacharya (hereinafter referred to as the Company)-the 1st party in the proceeding under Sec.144, Cr. P.C. for quashing an order dated 16-4-87 passed by Sri J. Jha, Sub-divisional Magistrate, Muzaffarpur East, directing the parties to keep peace and putting back opposite party, 2nd party Chandreshwar Singh in the possession of the book stall at Muzaffarpur Railway station.

2. It has been stated on behalf of the petitioner that the company is a licensee from the Government of India (Ministry of Railways) to carry on sales of books, magazines etc. on different Railway stations including Muzaffarpur Railway station and the Railways grant permission to the Company to instal their book stalls on the Railway platforms. At the Muzaffarpur railway station the company has three book stalls and two mobile trolleys. The Company appoints agent under written agreement to effect the sales at their book stalls on commission basis. These agreements are renewed from time to time and the Company supplies books, magazines etc to these book stalls for sale. The company pays royality to the Railways on the sales effected by them.

3. The company had appointed Chandreshwar Singh, 2nd party, opposite party as an agent of the company at their book stalls at Muzaffarpur under written agreement. His agency was renewed by the company from time to time and the last agreement was executed on 22-3-77/23-3-77 at the head office of the company at Allahabad between the company and the opposite party. This agreement is Annexure-1 to this petition. In pursuance of the agreement the company has been supplying book stalls, furnitures, fixturer, stock of books and the magazines etc. and the 2nd party had been selling the books and magazines on the basis of the commission and the opposite party, 2nd party had been sending material accounts to the Companys office at Allahabad and thereafter the company used to pay to opposite party, 2nd party his commission accordingly.

4. It has been stated that the term and conditions of the agreement were violated by Chandreshwar Singh and there was misappropriation of the amount of the company to the tune of Rs. 91,203.41 paise, which, according to the company, has been accepted by Chandreshwar Singh by his two letters enclosed as Annexures 2 and 2/1 to this petition. When the opposite party did not pay the money then the company terminated the agency of opposite party, 2nd party by agreeing to pay Rs. 500.00 in lieu of one months notice. According to the company the termination letter dated 25-2-87 was served upon Chandreshwar Singh personally by the officers of the Company and thereafter Companys officers informed the Officer-in-charge of G. R. P. Muzaffarpur, about the intention to serve the termination letter on opposite party and take charge of the book stalls by the said letter (Annexure-4) dated 27-2-87. It has also been said that the Company informed the Superintendent of Muzaffarpur Railway station about the same vide Annexure-5 to this petition. The company says that it took charge of the book stalls and the trolleys etc. from Chandreshwar Singh by means of inventory prepared in presence of opposite party, 2nd party, Notary Public and two Advocates of Muzaffarpur on 1-3-87 and thereafter put its locks on all the book stalls and trolleys. Thereafter the company says that it informed the Station Superintendent about the taking over of the charge of the book stalls for which it has got Annexure-6 and thereafter it informed the Officer-in-charge of O. R. P., Muzaffarpur, about the taking over the charge of the book stalls by its information dated 1-3-87 vide Annexure-7.

5. The Company further says that after taking over the charge of book stalls and trolleys etc. from Chandreshwar Singh it appointed its new agent namely Nehru Jha, on 1-3-87 vide Annexure-