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2021 Supreme(Cal) 574

BIBEK CHAUDHURI
Sahadev Prasad Agarwal – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ayan Bhattacherjee, Mr. Pawan Kumar Gupta, Mr. Manish Shukla, Mr. Aditya Tiwari.
For the Respondents: Mr. Prasun Kumar Datta, Mrs. Sukanya Bhattacherjee, Mr. Imran Siddiqui.

JUDGMENT :

(Bibek Chaudhuri, J.) : –

1. The petitioners being the accused persons of GR Case No.1524 of 2015 arising out of Hare Street P.S Case No.397 dated 3rd July, 2015 under Section 406/420/120B of the Indian Penal Code (hereinafter described as the IPC) presently pending before the court of the learned Chief Metropolitan Magistrate, Calcutta have invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure praying for quashing of the above mentioned proceedings pending against them.

2. Followings are the undisputed factual circumstances which laid to the dispute between the petitioners and the opposite party No.2:

    a) The petitioners are the partners of Shree Raj Steal Products having its office at 20 Mullick Street within P.S – Burrabazar, Kolkata- 700007.

b) The opposite party No.2 is a businessman dealing with sale and supply of iron and steel materials including CR Coil. The petitioners placed an order for supply of 60.52 M.T of C.R Coil with the opposite party No.2. The opposite party No.2 sold said materials at a consideration price of Rs.24,24,723/- only and supplied the materials to the petitioners. The petitioners also issued five cheques dat

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