S.N.JHA
Laxmi Nr. Sah – Appellant
Versus
State of Bihar – Respondent
Surendra Narain Jha, J.
In this application, the petitioner prays for quashing the order of cognizance dated 1.5.80 passed in G.R. No. 831 of 1979/T.R. No. 1638 of 1981 by the Chief Judicial Magistrate, Madhubani and also the entire criminal proceeding.
2. The facts are these the petitioner was and is the proprictor of Om Flour Miles situated in the town of Jainagar. He entered into a contract with the Bihar State Food and Civil Supply Corporation Patna (here in after the corporation) in 1974 as agent for dehusking paddy to be collected from different godowns of the Corporation situate in different Blocks of the district. The Corporation headed by a Managing Director has its district offices at district level (hereinafter referred to as 'the district office' managed by a District Manager. The Corporation has its one such district office at Madhubani. There was an agreement between the petitioner and the Corporation. Under the terms of the agreement, the petitioner had to deposit security and also to furnish an indemnity bond. According to the terms of the agreement, the petitioner agreed and bound himself for the milling of the procured paddy according to the directions of th
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