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2008 Supreme(Cal) 60

ASHIM KUMAR ROY
R. V. Palega – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appearing Parties:Joy Sengupta, Pushan Kar, Sanjoy Bose, Sreyashee Biswas, Swapan Kumar Mallick, Utpal Majumdar, Advocates.

Judgment

The petitioner moved this application invoking the inherent jurisdiction of this Court for quashing of the Jorabagan Police Station Case No. 126 dated 14/11/2006, under Section 420/120B of the Indian Penal Code and the result of investigation on the grounds as follows,

(a) Although both the petitioner nos. 1 and 2 have been described as the partners of a Firm M/s. Metco Export International while the petitioner No. 2 is one of the partner but the same is no correct so far as the petitioner no. 1 is concerned.

(b) In the complaint although it has been alleged that a sum of Rs. 10,58,939/- was the outstanding but according to the admission of the complainant in his lawyer’s notice, at best a sum of Rs. 3,58,939/- is due and payable.

(c) There was a dispute going on by and between M/s. Metco Export International and M/s. Sandip Trading Company, the opposite party no. 2 and the same will be reflected from the letter of the petitioner dated March 21, 2005 and the instant complaint has been made to harass the petitioner.

(d) Due to the delayed supply of edible oil by M/s. Sandip Tradip Company the petitioner’s firm had suffered a loss to the tune of US$ 20,000/-.

(e) The learned






















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