JUDGMENT :

Heard learned counsel for the parties.

2. This application under Section 482 Cr.P.C. is for quashment of order dated 20.01.2014 passed in Complaint Case No. 4694 of 2012 whereby the learned Judicial Magistrate-1st Class, Purnea has taken cognizance against the petitioners for offences under Sections 420,406,120-B I.P.C. on the complaint of opposite party No.2-Uday Shankar Arya.

3. According to the complaint petition, the complainant is one of the partners of M/s Shubham Enterprises, Purnea. The complainant entered into a business agreement with the Company of the petitioners known as Arise India Ltd. A copy of the agreement paper dated 11.07.2011 is at Annexure-2.

4. It is worth to notice that Arise India Ltd. is not accused in this case and the law is well settled that criminal prosecution cannot be launched against the office-bearers of the Company unless the Company is an accused in the case. Reference may be made to the case of S.K. Alagh Vs. State of Uttar Pradesh & Ors, reported in (2008) 5 SCC 662.

5. Allegation is that under the said agreement, the complainant was appointed as Super Distributor of the Company of petitioners for the area mentioned in the complaint peti