The court allowed representation by counsel in lieu of personal appearance under Section 205 Cr.P.C. to prevent unnecessary hardship to accused while ensuring trial integrity and promptness.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Ajay Kumar Sah, learned counsel for the petitioners, Mr. Vineet Kumar Vashistha, learned counsel for the State and Mr. Anurag Kashyap, learned counsel for respondent no. 2.

2. Mr. Anurag Kashyap, learned counsel for respondent no. 2 submits that since only the law points are involved in this petition and in view of that, this case can be heard on merit in absence of any counter affidavit of respondent no. 2.

3. This petition has been filed for quashing the order dated 08.08.2022 passed by the learned Chief Judicial Magistrate, Garhwa in connection with Complaint Case No. 493 of 2019, whereby, the petition filed by the petitioners under Section 205 Cr.P.C. has been rejected.

4. The complaint case was filed alleging therein the petitioners came to the office of the complainant (respondent no. 2) at Garhwa in last week of October, 2012 and told that they are proprietors of Balmukund Sponge and Iron Limited and Balmukund Cement and Roofings Limited and their main office is at Kolkata. The petitioners stated that their cement asbestos sheets are not selling and they offered and requested the respondent no. 2 to sell Balmukund asbestos sheet in his market and help them in their business. It was further alleged that believing on that statement, respondent no. 2 accepted their offer and Sharma Hardware Store upon making payment purchased asbestos sheet for Rs.23,90,412/-during financial year 2012-13 from Balmukund Sponge and Iron Limited and for Rs.63,96,252/-during financial year 2013-14 from and Balmukund Cement and Roofings Limited, totalling Rs.87,86,664/-in the said two years. The petitioners supplied damages asbestos sheets for Rs.22,50,000/-out of the aforesaid amount of Rs.87,86,664/-which were not saleable in the market. It was also alleged that thereafter respondent no. 2 sent his employees to the office of the petitioners to meet them and told the said fact and they assured his employee to settle the breakage/damage sheet. Thereafter, the Sales Manager of the petitioners, namely, Chandan Kumar visited the Sharma Hardware Store of respondent no. 2 and saw the damaged asbestos sheets and he said that the claim of respondent no. 2 is correct and that he will speak to his employers i.e. the petitioners to get the claim of respondent no. 2 of Rs.22.50 Lacs settled and paid. It was further alleged that after seeing no response from the petitioners, respondent no. 2 himself went to the head office of Balmukund Sponge and Iron Limited, where, he met the aforesaid Sales Manager-Chandan Kumar and thereafter he met the petitioners and they assured respondent no. 2 that his claim is correct and his damage will be settled and he should continue his business with them. It was also alleged that respondent no. 2 met several times with the accused/petitioners for settlement of his claim with respect to damaged sheets, however, they refused to settle his claim and stopped talking to him. Respondent no. 2 has alleged that the petitioners have deliberately and fraudulently cheated him and by giving false assurance the petitioners have embezzled his Rs.22.50 Lacs and despite notice issued by him, the money was not paid in order to hurt the honour of the respondent no. 2. Respondent no. 2 also alleged that he went to Garhwa Police Station, but they did not act on his complaint and, therefore, the said complaint case was filed.

5. Mr. Sah, learned counsel for the petitioners submits that the matter is arising out of commercial dispute between the parties. He further submits that the allegations are made that cement asbestos sheets were sold by Balmukund Spong