The main legal point established in the judgment is that allegations of fraud, forgery, and cheating in a commercial transaction cannot be solely categorized as civil liabilities and should be subject to criminal investigation.

ORDER :

Both the petitions are arising out of the same dispute between the same parties, M/s. Mani Agro Industries Station Road, Datia, respondent No. 1/complainant represented through its proprietor Mani Prakash Sharma at one side (complainant in short) and the petitioners being office bearers of M/s. Eicher Ltd. Industrial Area Mandideep, Bhopal at the other side (hereinafter petitioners will be referred to as accused and M/s Eicher Ltd. as company), hence both have been heard and are being disposed of together.

2-A The facts in brief, as revealed from complaint dated 31-7-2006 filed by the complainant against Smt. Mallika Srinivasan MD, Rajiv Sharma Regional Manager, Sunil Pahel and Samir Garg Area Managers of the company are, that complainant, a proprietor firm was appointed as dealer by the company in May, 1999 on depositing Rs. two lacs as security amount. The terms of the agreement included, complainant was to receive old tractors from the customers and sale the new tractors to them for which an incentive was to be paid by the company. In order to complete fix target company was billing the tractors in the months of March every year in the name of the complainant without actual delivery thereof. The amount was adjusted in the account of the complainant thereafter. The complainant was to purchase spare parts from Yashdeep Enterprises, a distributor of the company. The cost price was being paid by the complainant through cheques. However, the company was also charging the cost price directly from the complainant, but the same was credited subsequently in the account of the complainant. As per the accounts maintained by the complainant Rs. 16,70,386.45/- excluding Rs. two lacs as security amount was due on the company. Despite demands the same was not paid. The company was obtaining blank cheques from the complainant for purchase of Hundies in order to raise funds for its business and the said amount was to be credited in the account of the complainant. For the purpose, on 23-9-2002 accused Samir Garg, the Area Manager of the company, received two blank cheques No. 533554 and 533555 from the complainant for raising the amount on hundies, but no such amount was raised on those cheques. When the said cheques were demanded back by the complainant, he was informed by accused Samir Garg that the same have been lost. It was assured by the accused persons, that if those cheques are found, they will not be used. On this assurance the complainant did not take any step.

2-B On 8-6-2006 complainant received information that the accused persons in conspiracy, filled an amount of Rs. 86 lacs in one of the two cheques No. 533555 and presented the same in the bank for encashment. Thus, the complainant was compelled to direct the bank to stop the payment and the payment was not made. On this complaint vide order dated 2-4-2007, passed by CJM, Datia cognizance for the offence punishable under sections 406 and 409 of Indian Penal Code has been taken against the aforementioned four petitioners.

2-C Prior to lodging of the complaint, complainant lodged one FIR on 13-6-2006 against the accused Samir Garg, Rajiv Sharma and Sunil Pahel at police kotwali Datia, with regard to the same cheque No. 533555 which was registered at Crime No. 194/06 for the offence punishable under section 420 Indian Penal Code, on which investigation is pending. In the report specifically it is alleged against all the three accused that they filled the amount in the cheque.

3-A Shri Tanka, the learned senior advocate for the petitioners has submitted that although the dealership of complainant was started from the month of May, 1999 yet dealership agreement was executed on 15-7-2001. As per the clause 8 of the aforesaid agreement, the complainant was to make payments for companies products either in cash or by bank draft or by an irrevocable letter of credit or as agreed with the company from time to time and the property in the company products shall be deemed to have been