ASIM KUMAR RAY
Messers Nairn Tobaco Private Ltd. – Appellant
Versus
Evergreen Drums Cans Private Ltd. – Respondent
1. THIS revisional application is for quashing of a proceeding being Case No. C/552 of 2008 pending before the learned Additional Chief Metropolitan Magistrate, Calcutta in respect of commission of alleged offence under Sections 420/406/120B/34 of Indian Penal Code and all orders passed therein.
2. THE petitioner is a private limited company and engaged in manufacturing and exporting of Hooka Tobacco Paste having valid license for exporting such article. The petitioner-company exports such articles in a sealed tin containers which are purchased as per recommendation of the intending importer-purchaser and mainly exports the same to Middle East Countries. The petitioner-company has placed several order to supply tin containers with lid for exporting Hooka Tobacco Paste to the opposite party No. 1 in between 2005 to 2006 as. per specification given by the importer-purchaser. The O.P. No. 1 has raised tax invoices as against the supplied tin containers with lid. The petitioner-company paid through several cheques on number of occasions and cleared the amount placed by the O.P. No. 1 against the said tax invoices in between 2005-2006 and 2006-2007 and those cheques have been e
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