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2007 Supreme(Pat) 467

GHANSHYAM PRASAD
K. Balakrishnan, K. S. Balakrishnan And Americal – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Both the petitions have been filed by the petitioners under Sec. 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding against them arising out of the same complaint case No. 1878 (C) of 2005 pending in the court of Sri Deep Narayan, Judicial Magistrate, 1st Class, Patna through which the petitioners have been prosecuted under Sections 420, 409, and 120(B) of the Indian Penal Code.

2. The relevant facts necessary for decision of the case are as follows; The complainant-Opposite Party no. 2 (in Cr. Misc. No. 45946/2006) M/s. Sidhartha Intel Exports having its registered office at Kankerbagh is an exporter and deals in business in different articles and supply of goods as Merchant exporter to several countries. The firm registered under the Indian Partnership Act is also registered with the Ministry of Commerce for imports and exports. On 24.2.1999 the accused no. 8, proprietor of M/s. Shamim Enterprises, Bengladesh approached the Opposite Party no. 2 and introduced himself as a sound and honest importer. He entered into an agreement with Opposite Party no. 2 for supply of Par Boil Rice to his firm to be delivered by road to Bengladesh and assur














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