MADHUMATI MITRA
Ashwini Kumar Singh – Appellant
Versus
Panchami Stone Quarry – Respondent
JUDGMENT :
1. The petitioners have approached before this Court by filing an application under Section 482 of the Code of Criminal Procedure 1973 praying for quashing of the proceedings being C.S. Case No.AC/121/17 under Section 138 read with Section 141 of the Negotiable Instruments Act,1881 pending before the Court of learned Judicial Magistrate 2nd Court Suri. At the same time petitioners have approached for quashing of the orders dated 13th July, 2017 and 9th July, 2018 regarding issuance of summons upon the petitioners and rejection of the petitions under Section 305 and 205 of the Code of Criminal Procedure respectively.
2. Before considering the rival submissions made by the learned Counsel for the parties, the relevant facts which are necessary for disposal of this revisional application may be set out briefly.
3. The opposite party M/S Panchami Stone Quarry filed a petition of complaint against the present petitioners on 13th July, 2017 before the learned Additional Chief Judicial Magistrate Suri, Birbhum. The petition of complaint was registered as AC case No.121 of 2017. Learned Additional Chief Judicial Magistrate on the same date transferred the said petition of complaint
Katta Sujatha v. Fertilizers & Chemicals Travancore Ltd. (2002) 7 SCC 655 : 2003 SCC(Cri) 151
Pepsi foods Ltd & anr. Vs. Special Judicial Magistrate & Anr. (1998)5 SCC 749
Central Bank Of India Vs. Asian Global Ltd & Ors. (2010) 11 SCC 203
Mannalal Chamaria & Anr. vs. State of West Bengal & Anr. (2014) 13 SCC 571
A.R. Radha Krishna Vs. Dasari Deepthi & Ors. 2019 SCC online SC 357
Paresh P. Rajda Vs. State of Maharashtra & Anr.
Pepsico India Holding Private Ltd. Vs. Food Inspector & Anr. (2011) 1 SCC 176
S.V. Mujumdar & Ors. Vs. Gujarat State Fertilizer Co. Ltd. & Anr. (2005) 4 SCC 173
N Rangachari Vs. Bharat Sanchar Nigam Ltd. (2007) 5 SCC 108
S.M.S Pharmaceuticals Ltd. Vs. Neeta Bhalla & Anr.
Monaben Ketanbhai Shah & Anr. Vs. State of Gujarat & Ors.
K.P.G. Nair v. Jindal Menthol India Ltd. [(2001) 10 SCC 218 : 2002 SCC(Cri) 1038
A.K.Singhania Vs. Gujarat State Fertilizer Co.Ltd. reported in (2013)16 SCC 630
Tamil Nadu News Print and Papers Ltd. Versus D.Karunakar and Others reported in (2016) 6 SCC 78
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.