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1983 Supreme(Bom) 131

KHATRI
M/s. Bush India Ltd. and another – Appellant
Versus
Lekharaj Pohoomal Kewalramani and others – Respondent


Advocates appeared:
V.P. Vashi, for Petitioners; M.M. Vapari, for Respondents.

JUDGMENT :- This is a petition under Section 397/401 and in the alternative under Section 482, Criminal P.C., for setting aside the order of the learned Addl. Sessions Judge, Gr. Bombay, Shri G.V. Kalikar, dated 2nd March, 1981. By this order the learned Judge in exercise of revisional jurisdiction has set aside the order of the learned Metropolitan Magistrate, 22nd Court, Andheri, dated 29th April, 1980, staying the proceedings in Criminal Case No.478/S/78 before him pending decision of a civil suit on the original side of this Court.

2. In April, 1978 respondent 1 Lekhraj filed Criminal Complaint No.478/S/78 before the learned Magistrate against the present petitioners 1 and 2, viz. Bush India Ltd. and their Director Shri T.R. Mulchandani respectively, and the present respondent 3 Sabena Airways Ltd. for offences punishable under Sections 403, 406 and 420, I.P.C. Admittedly, petitioner 1 manufactures radio sets, cassettes and other allied items at Bombay. Respondent 1 is the partner of a business firm 'M/s. Pohoomal Kevalram Sons' of Bombay. The main allegations in the Criminal Complaint were that the petitioners had appointed respondent 1 firm as their sole agents for sale and ex













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