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1989 Supreme(Cal) 538

Monoj Kumar Mukherjee, Siba Prasad Rajkhowa
J. Th. Zwart – Appellant
Versus
Indrani Mukherjee – Respondent


Advocates:
Advocate Appeared:
B. C. Roy, A. K. Roy for the petitioners
D. K. Dutt, S. B. Singha Roy for the opposite party.

JUDGMENT

Monoj Kumar Mukurjee, J. On a complaint filed by Mrs. Indrani Mukherjee (hereinafter referred to as 'the complainant') the opposite party herein, the four petitioners and one Sri S. N. Banerjee have been summoned by a learned Metropolitan Magistrate, Calcutta to stand trial for offences punishable under s. 465 read with s. 34 and s. 471 read with s. 120B of the Indian Penal Code. Aggrieved thereby, the petitioners have filed this application under ss. 401 and 482 of the Code of Criminal Procedure for quashing of the proceeding arising out of the said complaint.

2. At all material times the complainant was an employee of K.L.M Royal Dutch Airlines ('Company' for short) in its Calcutta office; and the petitioner nos. 1, 2, and 3 are its General Manager, Sales Manager and Accounts Manager respectively for India, Nepal and Bangladesh while the petitioner no. 4 is its Regional Manager at Calcutta On February 24, 1989, the complainant was placed under suspension by the Company and on March 9, 1989 was served with a chargesheet containing four charges, second of which reads as under :

"It has been reported that the agent/ERA Travels applied for the refund of ticket 2407576755/6 for




























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