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2000 Supreme(Bom) 557

UPASANI PRATIBHA
Sonalkar Chemicals – Appellant
Versus
Eagle Flask Industries Ltd. & others – Respondent


JUDGMENT - Dr. PRATIBHA UPASANI, J.:---This criminal writ petition is filed by the original complainant M/s. Sonalkar Chemicals, being aggrieved by the order dated 10th March, 1995 passed by the Additional Sessions Judge, Pune in Criminal Revision Application No. 606 of 1994. By the impugned judgment and order, the learned Additional Sessions Judge, Pune, allowed the said Criminal Revision Application for the revision applicants/original accused, and quashed the order of issuance of process passed by the Judicial Magistrate, First Class, Pune in Criminal Case No. 215 of 1994 on 16th June, 1995.

2. Few facts which are required to be stated are as follows:

The complainant filed complaint dated 17th May, 1994 against respondents 1 to 5 for offence punishable under section 420 of the Indian Penal Code. The complainant is a proprietary concern and used to supply silver to accused No. 1 company. Accused Nos. 2, 3 and 4 are some of the Directors of accused No. 1. The complainant used to covert silver into silver nitrate and for that purpose, the accused used to pay to him labour charges separately. This practice was going on for a very long time, and it was specifically agreed between the












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