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2021 Supreme(Pat) 710

ASHUTOSH KUMAR
Shiva Poly Tubes Pvt. Ltd. – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. S.D. Sanjay, Sr. Advocate, Mr. Alok Kumar Agrawal, Advocate, for the Appellant; Mr. Anil Prasad Singh, APP, Mr. Yogesh Chandra Verma, Sr. Advocate, for the Respondent.

JUDGMENT

1. Heard Mr. S.D. Sanjay, learned Senior Advocate for the petitioners and Mr. Yogesh Chandra Verma, learned Senior Advocate for the Opposite Party No. 2. The State is represented by Mr. Anil Prasad Singh, learned APP.

2. This application has been filed for quashing the order dated 06.11.2017 passed in Complaint Case No. 496 of 2017 by which cognizance has been taken under Sections 195, 196, 211, 120B, 420, 504 and 499 of the Indian Penal Code and Sections 63/65 and 68 of the Copy Right Act, 1957.

3. The complainant/opposite party no. 2 claims to be the Managing Director of Freedom Plast Private Limited having its unit at B-38, Industrial Area, Hajipur (Vaishali). It has been alleged by him that he has, since 2004, started manufacturing plastic pipes. However, before that, he had taken the dealership of Shiva Poly Tubes Pvt. Ltd. on the request of petitioner no. 3. He had thereby agreed to sell the products of Shiva Poly Tubes Pvt. Ltd. through his firm viz. M/s. Hindustan Pipe Bhandar at Jehanabad. After becoming the manufacturer of the plastic pipes himself, he had returned the dealership to the petitioner no. 1/Shiva Poly Tubes Pvt. Ltd. Per force, the accused persons had t

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