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2023 Supreme(Cal) 67

SHAMPA DUTT PAUL
Vivo Communication Device Pvt. Ltd. – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mayukh Mukherjee, Advocate

JUDGMENT

Shampa Dutt (Paul), J. - The revision has been preferred praying for quashing of the proceeding being Complaint Case No. C- 4119 of 2018, pending before the Learned Additional Chief Magistrate at Bidhannagar under Sections 405/406/420/425/34 of the Indian Penal Code, 1860.

2. The Complainant /Opposite Party No. 2 herein filed a complaint under Section 200 of the Code of Criminal Procedure stating there in that the opposite party no. 2 entered into agreement with the petitioner no.1 company, in order to promote the retail excellence in the name and style of VIVO and sell their products at shop No. CCSGA004, Ground Floor, City Centre Mall Matigara, District - Darjeeling since 2007. Subsequently dispute cropped up between them relating to rent, allegedly showing fabricated sale figure to convince the complainant to open the Brand Store, non refund of security deposit, shortage of staff, sudden charge of policy structure and target achievement plans, infiltration of stock, all leading to the business being stopped arbitrarily causing huge loss to the complainant by having to forgo legitimate dues. The complainant alleged that the petitioner has committed the offence of cheating

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