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2000 Supreme(Cal) 561

Debiprasad Sengupta
Suresh Prabhu – Appellant
Versus
Kunja Behari Santhalia – Respondent


Advocates:
Advocate Appeared:
S.B. Mukherjee, Milon Mukherjee, Debasish Roy, Kabita Mukherjee, Sandi pan Ganguly, Rita Arora for the petitioner;
Samapti Chatterjee, Sumita Dutta for the complainant opposite party;
Krishna Ghosh, Minati Gomes for the State.

JUDGMENT

Debiprasad Sengupta, J.

This is an application for quashing of a proceeding being case No. 390/99 pending in the court of ld. Chief Judicial Magistrate, Howrah under section 420 of the Indian Penal Code.

2. The aforesaid proceeding was initiated on the basis of a petition of complaint filed by the complainant opposite party No.1 in the court of ld. Chief Judicial Magistrate, Howrah on 28.1.99 alleging commission of an offence punishable under section 406/420/467/468/471/474/120B of the Indian Penal Code. The allegations levelled in the petition of complaint are to the effect that the complainant purchased 18000 shares of M/s. Western Paque India Limited at Rs. 3 lacs on 10.2.97 and after purchase aforesaid shares were sent to the office of M/s. Western Paque India Limited situated at Pune, Maharashtra for transferring of the same in the name of the complainant and the said shares were duly received by the said company office. The complainant waited for a reasonable time but received no response from the said company regarding the transfer of shares. The complainant getting no response from the company personally contacted the accused Nos. 1 and 2 who are the share brokers u





















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