Hon’ble Ramesh Sinha, J.—The present 482 Cr.P.C. application has been filed with a prayer to quash the entire proceeding of case No. 21296 of 2015, State v. Vinod Goel, under Sections 406, 420 and 120-B I.P.C., police station Phase-3, NOIDA, pending in the Court of learned Chief Judicial Magistrate, Gautam Buddh Nagar as well as charge-sheet No. 29 of 2015 dated 28.8.2015 submitted by the police of concerned police station in case crime No. 685 of 2015, State v. Vinod Goel, under Sections 406, 420 and 120-B I.P.C., police station Phase-3, NOIDA, in the Court of learned Chief Judicial Magistrate, Gautam Buddh Nagar and the Court has taken cognizance on 15.9.2015.

2. The brief facts of the case are that an FIR was lodged against the applicants by one Rajesh Kumar Kapoor, Managing Director, Air Wave International Private Ltd., opp. party No. 3 (here-in-after-referred to as ‘the informant’ which was registered as case crime No. 685 of 2015, under Sections 406, 420, and 120-B I.P.C., police station-Phase-3, NOIDA, District Gautam Buddh Nagar, stating therein that M/s. Shyamjee Prepaid Services has already consumed all the goods of the informant Company and after selling the goods belonging to the informant Company, money has been deposited in the account of M/s. Shyamjee Prepaid Services. It was alleged that the title of the goods transferred to the Company M/s. Airwave International Private Ltd. and the and the goods were cleared from customs with the Companies title and in this respect bill of entry was also generated. All the goods removed by the accused persons and sold out. Rajesh Singhal involved in the consignment clearance and handing over consignment to the applicant No. 1-Vinod Goel as well as other documents payments was to be made in 5 parts to the informant Company, but the same was not done and therefore in the notice sent by the informant Company,Rs. 33051386/- demanded within three days alongwith interest of 1% per day as per the agreement.

3. The investigation of the case was carried out and charge-sheet have been submitted against the applicants for the offence in question under Sections 420, 406 and 120-B I.P.C. in the Court on 28.8.2015, on which the learned Magistrate has taken cognizance on 15.9.2015 on the said charge-sheet and summoned the applicants for the offence in question, hence, the present 482 Cr.P.C. application for quashing of the impugned charge-sheet and proceedings against the applicants.

4. He submitted that the applicants are running a partnership firm in the name and style of “Shyamjee Prepaid Services”, having its registered Office at B-1-C Flat No. 51-A, Janakpuri, New Delhi-110058 and is engaged in the business of of import of hot rods, wire rods in coils from abroad and supplying its traders in the entire country, whereas the informant is a Private Limited Company having its registered office at B-233, NRI City, OMEGA-1, Greater NOIDA-201308, U.P. and is engaged in business activities of mobile phones and registered with the DGET for import and export business. The firm of the informant approached the applicants’ firm for facilitation of finance by way of opening the letter of credit facilities with applicants’ firm. The terms and conditions so agreed were reduced into writing in the Minutes of Meeting held on 11.4.2015 between Sri Rajesh Kumar Kapoor, Managing Director and Sri Sahil Kapoor, Director of informant Company and Sri Vinod Goel, authorized signatory of the applicants’ firm alongwith Mr. Vikas Jain, Chartered Accountant.

5. He further submitted that when the informant did not provide the copy of the invoices as per the terms and conditions of the Minutes of Meeting as agreed between the parties on various dates, i.e., 11.4.2015, 28.5.2015 and 1.6.2015 to the applicants, a Civil Suit No. 251 of 2015 was filed by the applicants’ Company in the Court of Civil Judge (Senior Division), District Kutch, Gujarat at Gandhi Dham on 30.6.2015 with the following prayer which is quo