The court emphasized the importance of examining the evidence and allegations to determine the existence of a prima facie case for criminal offenses.

1. These applications under Section 482 of the Code of Criminal Procedure have been filed for quashing the order dated 05.02.2011 passed by the Judicial Magistrate, Patna, in Complaint Case No.2740-C of 2010 by which the learned Magistrate after holding enquiry has found prima facie case against the petitioners of Cr. Misc. No.27501 of 2012 and petitioner No.1 of Cr. Misc. No.37467 of 2012 for the offence under Section(s) 420, 406/34 Indian Penal Code and against petitioner Nos.2 and 3 of Cr. Misc. No.37467 of 2012 for the offence under Section(s) 420, 406, 323, 504/34 Indian Penal Code.

2. Prosecution case as per Complaint Petition, in short, is that the petitioners are working in Private Limited Company duly incorporated under the provision of the Companies Act, 1956, and the petitioners being the office bearers are responsible for day to day affairs of the company and, accordingly, they are legally bound to face the consequences arising from their omission and commission. It has been alleged that in the year 2003, the accused persons finding their very small presence within the State of Bihar in terms of medicine business came in contact with the Complainant for using the strong network and finance of the third party. The accused persons in the very inception of coming closer with the Complainant had a very oblique motive to use the Complainant money, infrastructure and his network for their gain. They approached the Complainant in the month of July, 2003, in his office and requested to become C & F Agent of their company for Bihar and Jharkhand for their generic products and specialty product on commission structure of 6.5% and 2.5% respectively. The accused persons persuaded the Complainant for entering into agreement on commission basis. They assured the Complainant for providing all logistic support for the development of the business as per the advice of the Complainant. The Complainant in the backdrop of agreement executed between the Complainant and the accused persons was appointed as C & F Agent for the purpose of carting, storing and forwarding the medical products of the Company within the State of Bihar & Jharkhand. He was asked to deposit Rs.10,00,000/- as security deposit. Agreement was executed from time to time for promoting the business of the company within the State of Bihar & Jharkhand, but due to bad policy of the accused persons, growth of product of the company within the State of Bihar and Jharkhand could not reach to desired level. The accused persons despite several communications having been made from different channels dishonestly tried to misappropriate the amount of the Complainant causing great financial loss to the Complainant. The accused persons were having intention to cheat the Complainant from the very beginning and this was the reason why they were changing the agreement(s) as per their convenience. The Complainant has alleged that final signed copy of the agreement was sent by the accused persons on 20.03.2009. The accused persons had sent a mail to the Complainant demanding bank guarantee of Rs.10 lacs for C & F operation of Bihar even before receipt of the agreement. Aforesaid clause was not mentioned in the agreement dated 21.08.2008. Such action of the accused shows only their greedy nature. The petitioners at the time of the agreement in the year 2008 promised the Complainant that he will get specialty commission on the sale of products of the company, whereas, during course of business the accused persons played fraud upon the Complainant and stated that he will get only specialty commission which was totally criminal breach of trust. The accused persons intentionally not supplied sufficient medicines and other products, which were demanded by the prospective buyers with a view to cause wrongful loss to the Complainant. The Complainant due to ill motive and wrong intention of the accused persons suffered loss to the tune of Rs.45 lacs. Accused Nos. 4 and 5 along with unk