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2016 Supreme(Bom) 946

ANUJA PRABHUDESSAI
Darton Zink – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicants :Niteen Pradhan, Rajat Agarwal, Omkar Kelkar i/b. Anish Ghoshal, Advocates.
For the Respondents:G.P. Mulekar, APP, Manoj Mohite, Anand Mishra i/b. A.M. Saraogi, Advocates.

JUDGMENT :

1. By these applications filed under section 482 of the Cr.P.C., the Applicants, have sought to quash the order of issuance of process dated 8th February, 2012 in Criminal Case No.36/SW/2009 for offences punishable under sections 406, 420 and 120 B r/w. 34 of the IPC.

2. The aforesaid Applicants are the accused in Criminal Case No.36/SW/2009. Darton Zink-accused No.1 is a foreign national and is a President and Chief Executive Officer of accused No.4 M/ s. Zeeco INC, a company having its registered office in the State of Oklohoma, USA, engaged in designing, manufacturing and supplying various industrial equipments. The accused No.5 M/s. Zeeco Europe Limited is the European affiliate of M/s. Zeeco INC, accused No.4-company. The accused No.2 Nigel Palfreeman is the Director of accused No.5 company. Accused No.6-M/s. Zeeco India Pvt. Ltd. is the Indian affiliate of the accused No.4 company and Shri Sanjiv Chipalkatti-accused No.3 is the business Director of the accused No.6 company.

3. The accused No.4 company entered into an agreement dated 31st August, 1994 with a company called USCO ltd. through its President-Atulkumar, thereby appointing USCO as the sales representative an





























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