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1997 Supreme(Pat) 5

M.Y.EQBAL
Indian Drugs And Pharmaceuticals Ltd. And Others – Appellant
Versus
State Of Bihar – Respondent


Judgment

M.Y.Eqbal, J.

1. In this application filed under Sec. 482 of the Code of Criminal Procedure,the petitioners have prayed for quashing of the order dated 29th February, 1996 passed by the Judicial Magistrate, 1st Class, Patna whereby and whereunder cognizance of the offence has been taken against all the petitioners under Secs. 406, 420 and 120-B, I.P.C. in Complaint Case No. 939 (C) of 1995.

2. The brief facts of the case are that on 31st October 1995, the complainant O.P. No. 2 filed a complaint petition in the court of learned Chief Judicial Magistrate, Patna alleging inter alia that the complainant who is the Managing Director of M/s. Sona Pharma Labs. Pvt. Ltd. had approached the Company M/s. Indian Drugs and Pharmaceuticals Ltd. (hereinafter to be referred to as the IDPL) for appointing him as Clearing and Forwarding agent for its production. According to the complainant, he was assured to be appointed as such according to the terms and conditions, as laid down in the agreement. It was further alleged that an agreement was entered into by and between the complainant and IDPL incorporating various terms and conditions and under the said agreement, the complainant O.P. No










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