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2001 Supreme(Pat) 831

P.K.DEB
Sunil Agarwal And Others – Appellant
Versus
State Of Bihar – Respondent


Judgment

P.K.Deb, J.

1. Prosecution lodged by filing Complaint Case No. 396(C)/1998 by the Opposite Party No. 2 has been sought to be quashed by filing this petition under Section 482 of the Code of Criminal Procedure.

2. Admittedly the petitioners being the Officers of M/s Mittal Marketing and Sales Corporation had entered into an agreement with the Hindustan Antibiotic Limited (in short HAL) as handling agent for having a godown at Patna to retain the stocks of medicine and as per the instructions of the HAL, the goods are to be supplied to the customers as per the direction of the HAL. According to the petitioners, some of their dues were not paid by the HAL. On the other hand, the HAL had different grievance against the petitioners to the effect that they were preparing false bills etc. etc. For an amount which allegedly was due to the petitioners, a huge stock in the godown of the petitioners had been allegedly consumed by the petitioners and according to the complainant-opposite party No. 2, whole of the articles in the godown had been misappropriated by the petitioners.

3. The crux of the dispute remains to the effect that the petitioners claimed to have their dues against th



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