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2020 Supreme(Pat) 451

MOHIT KUMAR SHAH
Brahmaputra Infrastructure Ltd. – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Ashish Giri
For the Opposite Party : Mr.Navin Kumar Pandey

JUDGMENT :

The present petition has been filed for quashing the order dated 29.10.2018 passed by the learned Court of A.C.J.M- I, Sitamarhi in Complaint Case No. 973 of 2018, whereby and whereunder cognizance has been taken against the petitioners and other co-accused persons under Section 420 of the Indian Penal Code and summons have been issued vide order dated 21.01.2019 as also bailable warrant has been ordered to be issued vide order dated 28.03.2019.

2. The brief facts of the case are that a complaint petition dated 02.07.2018 was filed before the learned Court of Chief Judicial Magistrate, Sitamarhi by one Ram Sakha Choudhary, opposite party no. 2 herein against four accused persons including the petitioners herein, who have been arrayed as accused nos. 1 and 4 respectively in the complaint petition. The said complaint petition has been numbered as Complaint Case No. 973 of 2018 wherein it has been alleged that the complainant-O.P. No. 2 owns a firm in the name and style of M/s. Ram Sakha Chaudhary and he is the Director of the said firm. It is alleged that the accused no. 1 i.e. the petitioner no. 1 herein, namely, Brahmputra Infrastructure Limited had been awarded a contract

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