JUDGMENT :

1. Heard Shri Satish Chandra Mishra, the learned Senior Advocate assisted by Shri Purnendu Chakravarty and Ms. Soumya Chaturvedi, the learned counsel for the applicant, Shri Anurag Verma, the learned A.G.A. for the State-opposite party No. 1, Shri Prashant Chandra, the learned Senior Advocate assisted by Ms. Radhika Singh and Shri Nilish Anand, the learned counsel for the opposite party No. 2.

2. The present application under section 428 Cr. P.C. has been filed by the applicant-Shekhar Ramamurthy, seeking following prayer:-

"Wherefore it is most respectfully prayed that in the aforesaid facts and circumstances the application preferred under section 482 Cr.P.C. may kindly be allowed and the quashment of Order dated 17.10.2022 alongwith all consequential proceedings and effects arising out of FIR no. 260/2018 U/s 406, 420, 467, 468, 471 and 120-B of IPC P.S. - Hussain Ganj, District Lucknow, pending before the court of ACJM - III may kindly be quashed along with all consequential proceedings in respect of the applicant in the interest of justice."

3. Learned Counsel for the applicant submits that the facts of the case, in brief, are that the United Breweries Limited (hereinafter referred to as "UBL") is a company registered under the provisions of Companies Act, 1956, having its registered office at U.B. Tower V.B. City 24, Vittal Mallya Road, Bangalure, Karnataka. The Company is engaged in manufacturing and sale of beer and other alcoholic beverages in India and worldwide.

4. That the applicant was working with UBL as Managing Director and a First Information Report was lodged on 16.09.2018 by the informant Shri Sanjeev Jaiswal wherein certain allegations regarding some business disputes were made against three persons, namely, Akhil Sarda, Himanshu Tewari and Arvind Padhi. During the course of time applicant ceased to be a Director of the aforesaid company w.e.f. 31.07.2020 upon his superannuation and the information about his leaving the company was filed with the Ministry of Corporate Affairs in Form DIR-12 as required under the Companies Act, 2013.

5. As per the contents of the FIR lodged on a complaint moved by opposite party No. 2 at Police Station Husainganj, Lucknow, on 15.9.2018 and as per the case setup the complainant placed an order for three trucks of Beer on 07.09.2018 and on 11.09.2018 through e-mail to Akhil Sharda, Branch Manager (Sales) Uttar Pradesh and Uttarakhand and made payment of Rs. 65,66,152/- on 7.9.2018 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 payment for three trucks of Beer, Akhil Sarda did not ensure the supply of the ordered Beer, nor any proper reply was given by him. 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 and as per Excise Rules, the supply was to be made within 72 hours of the order.

6. The opposite party No. 2 placed a demand order for two trucks load of Beer through e-mail, total 2360 cases to the company on 07.09.2018. This e-mail was also sent to the Assistant Excise Commissioner Web Distillery, Aligarh. As the next two days, i.e., Saturday and Sunday were holidays, the process for supply of goods for which order was placed by the opposite party party No. 2 was initiated on 10.9.2018. In pursuance of the indent/ demand order dated 07.09.2018 placed by opposite party No. 2, the Company directed its transporter Sical Logistics Limited to arrange vehicles for delivery of goods from its godown located at Noida to the Licensee at Lucknow. The transport permit (Form FL-36) was issued by the concerned Excise Officer on 11.9.2018 for supply of Beer by 13.09.2018. The consignment of Beer was dispatched on 11.9.2018 for delivery to the Licensee at Lucknow after payment of excise duty in advance through transporter of the company by Truck Nos.UP32 HN 320