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2023 Supreme(Cal) 1308

BIBEK CHAUDHURI
Shekhawati Enterprises – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ayan Bhattachrya, Aditya Ratan Tiwari, Suman Majumder.
For the Respondents: Sandipan Ganguly, Dipanjan Dutta, Ayan Poddar, Poulami Bhowmick, Saswata Gopal Mukherji, Sudip Ghosh, Apurba Kumar Dutta, B. Banerjee.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. This is an application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) granted in favour of private opposite parties No. 2-4 by the learned Additional Chief Metropolitan Magistrate-2, Calcutta in Bowbazar Police Station Case No. 191 of 2018 dated 25th June, 2018.

2. The petitioner filed a complaint before the court of the learned Magistrate seeking for a direction under Section 156(3) of the Cr.P.C. for investigation under chapter (XII) of the Code against the opposite parties as well as other accused persons. The private opposite parties are office bearers of M/s Amrit Hatcheries Pvt. Ltd. a company incorporated under the Companies Act. The petitioner being the sole proprietor of Shekhawati Enterprises used to supply maize to M/s Amrit Hacharies Pvt. Ltd. However, the private opposite parties being the office bearers of the accused No. 1 company did not pay the petitioner its dues amounting to Rs. 14,49,18,486/-. Nonpayment and perceived misappropriation of money led the complainant to lodge a complaint before the learned ACMM-2, Calcutta under Section 156(3) of the Cr.P.C. On the b

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