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2023 Supreme(Cal) 512

RAI CHATTOPADHYAY
Shree Coke Manufacturing Company Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ayan Bhattacharjee, Mr. Pawan Kumar Gupta, Mr. Avinash Kankania, Ms. Sofia Nesar, Mr. Santanu Sett.
For the Opposite Parties : Mr. Amartha Ghose, Mr. Prasun Ghosh, Mr. Soumyadeep Ghosh, Mr. Saswata Gopal Mukherjee, Ld. P.P, Mr. Anand Keshari.

JUDGMENT :

Rai Chattopadhyay, J.

1. In this case the petitioners, i.e., a juridical person/company namely, Shree Coke Manufacturing Company Pvt. Ltd. and its officer, have prayed for quashing of the criminal proceeding against them, which was initiated pursuant to the complaint, being Hare Street Police Station Case No.420 dated 09.07.2015 under Sections 120B/420/406 IPC. The connected G.R case is G.R. No. 1597/15, now pending in the Court of Ld. Chief Metropolitan Magistrate at Calcutta. Opposite party No.2, i.e., another juridical person namely, M/s. Prasad Seeds Pvt. Ltd. and its officer are the complainant.

2. The dispute arose and the offences of cheating and criminal breach of trust, have been levelled, with respect to alleged deception and fraud committed through an ‘agreement for sale’, entered into between the petitioner and the opposite party No.2 companies, on 16.04.2015. Sale was relating to 244 decimals of agricultural land comprised in Dag No.358 (part), 359 (part), 360 (part), 362 and 363, Mouza - Palroah, J.L.No.10, L.R Khatian No. 496, 495, situated within jurisdiction of Uluberia Police Station in Howrah. By executing the said agreement for sale the petitioner/compan

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