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1973 Supreme(Bom) 4

G.N.VAIDYA, D.M.REGE
Esso STANDARD INC. – Appellant
Versus
UDHARAM BHAGWANDAS JAPANWALLA – Respondent


JUDGMENT

VAIDYA J.-This is an application under section 561-A of the Criminal Procedure Code. The applicant is a public limited company by name Esso Standard Inc., registered in the State of Delaware, U. S. A., and having its Branch Office at 17, Jamshedji Tata Road, Bombay-20. On February 23, 1972, respondent No.1 Udharam Bhagwandas Japanwalla, as a Constituted Attorney of Venus Polish filed a complaint in the Court of the Presidency Magistrate, 28th Court, Esplanade, Bombay, alleging that the applicant. Esso Standard Company which was described in the complaint as accused No. 1, 2 one Z. A. Merchant, an officer of the Company who was described as accused No.2, 3. one R. K. Gupta, a Sales Officer of the Company described as accused No.3, 4. one R. D. Vyas, Sales Manager of the Company, described as accused No.4 and 5 one C. B. Thomas, General Manager of the Company, described as accused No.5 committed offences under sections 420, 411 read with sections 34, 109 and 114 of the Indian Penal Code. The learned Magistrate issued summonses on a perusal of the complaint and hearing the complainant. The complaint is numbered as Case No. 18/S of 1972. It is common ground that accused Nos. 1




























































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