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2021 Supreme(Cal) 196

SUVRA GHOSH
Pradip Bagla @ Pradeep Kumar Bagla – Appellant
Versus
Duakem Pharma Private Limited – Respondent


Advocates Appeared:
Ayan Bhattacharya, Advocate, S. Haque, Advocate, A.R. Tiwari, Advocate, Supriyo Das, Advocate

JUDGMENT

Suvra Ghosh, J. - In the present revisional application, order dated January 12, 2018 passed by the Learned Metropolitan Magistrate, 20th Court at Calcutta in connection with C.S. Case No. 0117617 of 2016 under sections 420/120B of the Indian Penal Code is assailed.

2. The petitioner's contention, in a nutshell, is that the opposite party lodged written complaint against him and another before the Learned Chief Judicial Magistrate, Calcutta, alleging inter alia, commission of offence punishable under sections 420/120B of the Penal Code to the effect that the petitioner, being the Director, Chief Executive and/or person in charge, in control and/or responsible for the affairs of the company in the name and style of M/s Farmvile Agrovet Ltd. (arrayed as an accused in the complaint) approached the complainant/opposite party company for supplying pharmaceutical items accompanied by assurance of prompt payment. Sensing the hesitance of the complainant company to supply goods on credit, the accused made an initial payment of Rs. 25,000/- (twenty five thousand only) following which the complainant company supplied goods valued at Rs. 1, 80,496/- to the accused company which were d

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