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2003 Supreme(Bom) 381

J.G.CHITRE
Merino Leathers Pvt. Ltd. & another – Appellant
Versus
Wentzel And Schmit GMBH & another – Respondent


JUDGMENT - CHITRE J.G., J.:---These two applications have been disposed of by common judgment and order.

2. The petitioners are assailing the correctness, propriety and legality of the order passed by the learned Sessions Judge for Greater Mumbai in Criminal Revision Application No. 13 of 1995 by which she directed the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Bombay, Bombay to hear further the complaint which was filed by respondent No. 1 in his Court for setting aside the order which has been passed by him on 1-12-1994 by which he discharged the present petitioners.

3. The complaint was filed by respondent No. 1 alleging that the petitioners committed an offence under section 420 read with 34 of the I.P.C. Respondent No. 1 alleged that though the petitioners were bound to give him the commission in context with the articles exported for sale to customers residing in Germany, Berlin, Switzerland, he did not pay the said commission amount to the respondent No. 1 (original complainant). He further alleged that without informing the original complaint he dispatched some articles to the customers residing in the said areas who directly ordered for such commodities




















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