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2022 Supreme(Cal) 384

AJOY KUMAR MUKHERJEE
Gannon Dunkerley & Co. Ltd. – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Sandipan Ganguly, Sr. Adv, Mr. Apolak Basu, Adv,, for the Appellant; Mr. Cedric Fernandez , Adv. Mr. Soubhik Mitter, Adv, for the Respondent

JUDGMENT

Ajoy Kumar Mukherjee, J. - Being dissatisfied and aggrieved with the proceeding, namely, Case No. C-94 of 2018 under Sections 420/406/120B of the Indian Penal Code pending before the Court of the Learned Judicial Magistrate, 5th Court, Sealdah, including the Order No. 1 (undated) and an order dated 12th November, 2018 passed in connection therewith, present application under Section 482 of the Code of Criminal Procedure has been preferred.

2. It is submitted on behalf of the petitioners that on or about 16th February, 2018, the opposite party no. 2 filed a complaint before the Court of the Learned Additional Chief Judicial Magistrate at Sealdah alleging commission of offence under Sections 406/420/120B of the Indian Penal Code against the petitioners on the allegation that the opposite party no. 2 was appointed as a Sub Contractor by the petitioners/company to execute several civil works for M/s. Bhushan Power & Steel Limited at the site of Thelkali, Orissa. Though the petitioners/Company paid the bill amount as raised by opposite party no. 2 for several civil works from 2003 till 2009, yet the petitioners/Company did not release 5 per cent of the bill amount being the secur

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