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2016 Supreme(Cal) 842

RANJIT KUMAR BAG
K. S. Oils Limited – Appellant
Versus
Srei Infrastructure Finance Limited – Respondent


Advocates Appeared:
For the Appellant : Mr. Sandipan Ganguly, Mr. Ayan Bhattacharya, Mr. A. Kankani, Mr. Anjan Dutta
For the Opposite Partie : Mr. Sanjoy Banerjee, Mr. Santosh Kr. Roy, Ms. Sanandita Chakraborty

JUDGMENT :

R.K. Bag, J.

1. The petitioner has preferred this revision under Section 401 read with Section 482 of the Code of Criminal Procedure praying for quashing of the proceeding of Case No.C-10440 of 2012 under Sections 120B/406/420/471 of the Indian Penal Code pending before the court of learned Metropolitan Magistrate, 16th Court, Calcutta. The petitioner has also challenged the order dated March 18, 2013 passed by learned Metropolitan Magistrate, 16th Court, Calcutta, in the said case.

2. The opposite party – Srei Infrastructure Finance Ltd. (hereinafter referred to as the “complainant company”) filed a petition of complaint before the court of learned Chief Metropolitan Magistrate, Calcutta, against the petitioner – K.S. Oils Ltd. (hereinafter referred to as the “petitioner company”) and 11 others in order to prosecute them for the offence under Section 420/467/471/477/120B of the Indian Penal Code. Learned Chief Metropolitan Magistrate took cognizance of the offence and transferred the case to the learned Metropolitan Magistrate, 16th Court, Calcutta. On July 25, 2012, learned Metropolitan Magistrate examined the complaint under Section 200 of the Code of Criminal Procedure






























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