By way of this criminal miscellaneous application moved u/s 482 Cr.P.C., a prayer has been made to quash the order of cognizance dated 09.10.2007 passed by the Chief Judicial Magistrate, Haridwar in complaint case no. 3619 of 2007, Mahendra Pal Singh Vs. T. Ishikawa and another. The said order was passed by learned Magistrate taking cognizance for the offence of Section 406 IPC against the petitioner Subhankar Ganguly and Mr. T. Ishikawa.

2. Having heard the learned counsel of both the parties, it appears that an agreement dated 10.1.2006 was entered into between the complainant Mahendra Pal Singh, Partner of M/s Sant Auto Sales, Haridwar and Yamaha Motors India Pvt. Ltd./Yamaha Motor India Sales Private Limited. M/s Sant Auto Sales is a dealer of Two-Wheeler Auto Bikes while M/s. Yamaha Motors Company Ltd. is the manufacturer. For securing the dealership of Yamaha Motors Pvt. Ltd., an amount of Rs. 3.00 lacs, as security deposit, was made by M/s Sant Auto Sales and the dealership was awarded to him for selling the Two-wheelers and its spare parts in Haridwar. Within a span of 1½ year or so, the business transactions between the duo became sour and the dealership was broke