Hon’ble Chandra Dhari Singh, J.—By the instant petition under Section 482 of the Code of Criminal Procedure has been filed against the order dated 17.10.2017 passed by Judicial Magistrate, Lakhimpur Kheri in Criminal Case No. 702 of 1994, subsequent Nos. 3226 of 2015 and 890 of 2017 (Bajaj Hindustan Ltd. v. Sumac International Limited and another). The applicant has further prayed for quashing of the entire proceedings of Criminal Case No. 702 of 1994, subsequent Nos. 3226 of 2015 and 890 of 2017 (Bajaj Hindustan Ltd. v. Sumac International Limited and another), pending in the Court of Judicial Magistrate, Lakhimpur Kheri.

2. Brief facts of the case are as under :

i) A sugar factory in the name of Sharda Sugar Industries Pvt. Ltd. was established, which at present running in the name of Bajaj Hindustan Ltd., Unit Palia Kala, P.S. Palia, District Kheri. The Bajaj Hindustan Ltd., Unit Palia Kala decided to increase the production of the Factory and for which they decided to purchase a machinery for the expansion of their project. Pursuant to above expansion of project, the Director of Bajaj Hindustan Ltd. Sri Shishir Bajaj invited the applicant No. 2 Sri A.K. Verma, the Managing Director of Sumac International Ltd. to his office, situate in Bombay and discussed to him for expansion of the Unit at Palia Kala.

ii) The petitioner No. 1 company has collaboration with M/s. Polymax of Australia with respect of 1067 mm X 2134 mm mill size. The agreement dated 12.5.1988 was signed and witnessed by Indian High Commissioner in Australia. The agreement between M/s. Sumac International Ltd. and M/s. Polymax of Australia had been approved by the Government of India on 4.12.1987 and the same is incorporated in the formal agreement dated 12.5.1988.

iii) Sharda Sugar Industries Ltd. placed an order dated 27.1.1990 to the Sumac International Ltd. for supply of complete milling tandem for expansion of project of their Sugar Mill on the terms and conditions as set out therein. The total price of equipment inclusive of basic price has been given as Rs. 432 Lacs. In the above price driving units such as Esteem Turbine, High Speed Reduction Gear Box, 1st Stage Open Spur Gearing, 2nd Stage Open Spur Gearing to achieve ultimate speed of the mill to 2.8 to 2.5 RPM of each mill are not included. The price for 3 sets i.e. for 3 mills is given by Sumac as Rs. 135 Lacs and so cost of the each driving unit will be Rs. 45 Lacs designing and engineering, fabrication, supply, packaging and forwarding, loading and unloading and freight upto Palia Kala erection Unit. It has also been provided in this clause that Sharda Sugar Industries Ltd. was planning to install hydraulic power pack with hydraulic motors on each Mill and for that they have said that they would not import the equipment but will place their additional order on Sumac on a price of Rs. 45 Lacs for each Mill drive.

iv) Pursuant to the above mentioned clause and in continuation to the purchase order dated 27.1.1990, a second purchase order was issued by Sharda Sugar Industries Ltd. on 29.3.1990 following the discussions between the parties. In this purchase order, it was mentioned that the modifications and clarifications in the 2nd purchase order were based on the discussion to remove any ambiguity which existed in the matter.

v) The terms of payment in the 1st purchase order were provided under clause 17 and they were of 10% of the price which came to Rs. 43.20 Lacs was required to be paid as a 1st advance alongwith the order, however, the same was revised as per the 2nd purchase order amounting to Rs. 75 Lacs and was required to be paid by April, 1990. The 2nd advance of 5% of the purchase price which came to Rs. 21.60 Lacs was required to be paid as per the 1st purchase order by March, 1990 but as per the revised purchase order the amount increased to Rs. 27.50 Lacs and was required to be paid by May, 1990. The 3rd advance of 5%, which also came to Rs. 21.60 Lacs as per the 1st purchase o