Hon’ble Vinod Prasad, J.—Two officers of Exide Industries Ltd., a registered company, under Indian Company’s Act, 1956 having it’s registered office at 59 E, Chaurangi Road, Kolkata and Regional Office at 3 E-1 Jhande Wala Extension, New Delhi, namely Sanjeev Sinha (A-1), Head Coordinator and S.B. Raheja (A-2) Non-Executive Director, preferred instant 482 Cr.P.C. Application, with a motive to get their criminal prosecution in Complaint Case No. 64 of 2005, Vipul Agarwal v. Exide Industries Ltd., under Sections 420, 406, 120-B I.P.C. pending before C.J.M., Ghaziabad, and their summoning order dated 11.4.2007, passed in that case, be quashed.

2. Before adverting to various harangued contentions, raised and refuted by rival contesting sides, background facts, stated abridgedly, as are evident from the affidavit filed on behalf of applicants alongwith this 482 Cr.P.C. Application, counter-affidavit filed by complainant respondent No. 1, and rejoinder-affidavit filed on behalf of applicants in reply to the counter-affidavit, indicates that Exide Industries Ltd. is a company duly registered under the Indian Companies Act 1956. A-1, is it’s Head Coordinator, manning company’s office situated at 3 E-1 Jhande Wala Extension, New Delhi, whereas A-2 is company’s Non- Executive Director, residing at Exide House 59-E, Chaurangi Road, Kolkatta. Company is engaged in production, sale and export of storage batteries. Exide Industries Ltd. has it’s regional offices, branches, over most of the State in India and one of it’s office is situated at D-42, Patel Nagar-IInd, Ghaziabad, of which one Das Gupta and Shailendra Tandon, two non-applicant accused, are in-charge.

3. Respondent complainant Vipul Agarwal is the sole proprietor of Firm M/s Globe Enterprises and is a resident of Chandra Puri, Hapur Road, near Gurudwara under P.S. Kotwali, district Ghaziabad.

It is alleged by the complainant that the two non-applicant accused, Das Gupta and Shailendra Tandon, approached complainant respondent No. 1, as agent of the said Company and informed him that they are in-charge of company’s regional office and made deceitful false representations for convincing the complainant to purchase companies Exide Power House Batteries on payments. In that feat they made false assurances with the complainant on numerous occasions, both personally and on telephonic conversations. They deceived the complainant, respondent No. 1, by assuring him that they will ensure supply of those storage batteries manufactured by the company, branded in the business world as Exide Power House no sooner the sale prices of those batteries are credited in company’s account. Believing their deceitful false representations and deception to be genuine, that the complainant respondent No. 1, Vipul Agarwal, parted with a handsome fortune of Rs. 15,15000/- and got issued three demand drafts in the name of the company, Exide Industries Ltd., from Oriental Bank of Commerce, Ghaziabad, the details which are as follows :

D.D. No. 177469 (Rs. 1,25,000/-)

D.D. No. 616165 (Rs. 4,00,000/-) and

D.D. No. 616669 (Rs. 9,90,000/-).

These drafts were issued on 30.1.2003, 27.2.2003 and 29.3.2003. Das Gupta and Shailendra Tandon, accepted these drafts and again gave false assurance to the complainant respondent No. 1 that as soon as the drafts are credited in company’s account, supply of Exide Power House batteries shall be ensured to the complainant. vide para 5 of the complaint it was specifically averred that Exide Industries Ltd. being a company of trusted goodwill, complainant acted on assurances given by Das Gupta and Shailendra Tandon and because of that had tendered the above referred demand drafts which stood in company’s name. It is further alleged that the company received complaint’s drafts and got it en-cashed in it’s account but did not supply Exide Power House batteries to the complainant respondent No. 1, as was promised by the two in-charge co-accused on behalf of the company, Das G