JUDGMENT :

1. The present petition under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Case Crime No.5694 of 2019 (State Vs. United Breweries Limited and others), arising out of FIR No.0260 of 2018 initially registered under Section 406 IPC, Police Station Husainganj, District Lucknow against Akhil Sharda, Branch Manager (Sales) Uttar Pradesh and Uttarakhand, Himanshu Tiwari and Arvind Padhi of M/s United Breweries Limited, office address at 626, 6th Floor, DLF, Tower-B, DDA, District Center, Jasaula, New Delhi-110044 having bond at Chapraula, G.T. Road, Tehsil Dadri, Noida-201301. During the course of investigation, Sections 420, 467, 468, 471 and 120-B IPC were added.

2. A challenge has also been made to the summoning order dated 3.4.2019 issued pursuant to the supplementary charge sheet dated 24.3.2019, upon which the learned Ist Additional Chief Judicial Magistrate, Court No.25, Lucknow took cognizance vide order dated 3.4.2019 and summoned the petitioners for facing the trial.

3. The petitioners have also challenged the judgment and order dated 24.12.2019 passed by the Additional Sessions Judge, Court No.1, Lucknow in Criminal Revision No.379 of 2019 filed by the petitioners against the order of cognizance and summoning dated 3.4.2019 passed by the learned trial court.

4. The facts of the case, in brief, are that the United Breweries Limited (Hereinafter referred to as “the Company”) is a company registered under the provisions of the Companies Act, 1956 having its registered office at UB Tower, VB City, 24, Vittal Mallya Road, Bangalure, Karnataka. The company is engaged in manufacture and sale of beer and other alcoholic beverages in India and worldwide. Petitioner Nos.1, 3, 5, 6, 7, 8 and 9 are part-time non-executive Directors, whereas petitioner nos.2 and 4 are former non-executive directors, whose term got completed on 4.9.2019 in the company. The specific stand of the petitioners in paragraph 30 of the petition is that the petitioners being non-executive directors, are not involved in operations relating to production and supply/delivery of goods of the company or in day-to-day business of the company.

5. Petitioner no.10 is the Company Secretary and authorized representative of the company, but he is also not involved in operations relating to production and supply/delivery of the goods of the company. In paragraph 31 of the petition, the particulars of the petitioners such as their designation, nature of work, their dates of appointment in the company as non-executive directors and the company secretary are given in a tabular form, which would read as under:-

6. Opposite party no.2 is Manager of Licensee Firm F.L.2B (Beehive Alcoveb) and this firm is engaged in business of sale of Beer etc, after purchasing the same from the company and other manufacturers.

7. As per the contents of the FIR lodged on a complaint of opposite party no.2 at Police Station Husainganj. Lucknow on 15.9.2018 against three employees of the company named in the FIR, the complainant placed an order for three trucks of Beer on 7.9.2018 and on 11.9.2018 through e-mail to Akhil Sharda, Branch Manager (Sales) Uttar Pradesh and Uttarakhand and made payment of Rs.65,66,152/-on 7.9.2028 and Rs.27,32,750/-on 11.9.2018, total amount of Rs.92,98,902/-by his banker, Federal Bank Limited, Cantt. Road, Lucknow. Despite making of the payment for there trucks of Beer, Akhil Sharda did not ensure the supply of the ordered Beer nor any proper reply was being given. The complainant was apprehensive that three employees named in the FIR had no intention to supply the ordered Beer and they wanted to misappropriate the amount paid by the complainant as under the Excise Rules, the supply was to be made within 72 hours of the order.

8. The first charge sheet was filed by the investigating officer on 10.2.2019 against the four accused persons, namely, Akhil Sharda, Himanshu Tiwari, Arvind Padhi and the United Breweries Limited, the comp