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2024 Supreme(Pat) 235

BIBEK CHAUDHURI
Jet Knitears Ltd Manufacturers of Exports Quality Undergarments through Director Ankur Narula – Appellant
Versus
State of Bihar through S. P. Patna, Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mrs. Archana Sinha @ Archana Shahi, Mr. Alok Kumar.
For the Opposite Parties : Mr. Rajnandan Prasad, Mr. Vishesh Kumar Singh.
For the State : Mr. Deepak Kumar, AC to GP 4.

JUDGMENT :

Bibek Chaudhuri, J.

The petitioners have approached this Court under Article 226 of the Constitution, praying for setting aside the order of cognizance dated 06th October 2021 passed by the learned Judicial Magistrate Ist Class, Patna, in complaint Case No. 5518(c) of 2019 against the petitioners, holding inter alia that the complainant/ opposite party no. 02 had been able to establish sufficient ground for proceeding against the petitioners under Section 406/34 of the IPC and thereby issued process against the petitioners. Case of the complaint, in brief, is that on 29th May 2018, one Vikash Kumar Soni, proprietor of Fuel India Company, claimed to be authorized by the petitioner no. 01 company executed a franchise operated (FOFO) agreement with the complainant, under the terms and conditions that Fuel India, proprietorship concerned of Vikash Kumar Soni has been authorized by the petitioner no. 01, Jet Knitwears Ltd., Kanpur to sell and do marketing of the goods and products manufactured by Jet Knitwears Ltd.. It was agreed that Fuel India would open (FOFO) stores, as per the guidelines of petitioner no. 01 and accepts such appeals, to act as a FOFO stores for LYCOT brand

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