SUBHENDU SAMANTA
IN THE MATTER OF M/s. Sterling Holiday Resorts – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Subhendu Samanta, J.
1. Both the Criminal Revisions are preferred for quashing two criminal proceedings pending before the Learned Magistrate concerned on the basis of similar facts and circumstances. On 18th January, 2018, Mrs. Nirmala Debi Singhaniaya, i.e. OP No. 2 of CRR 880 of 2018 filed a complaint before the Court of Learned ACMM Calcutta alleging inter alia that in the year 1997 Mrs. Singhaniya had approached by the present petitioners being the representative of M/s. Sterling Holidays Resort Limited for heritage membership in respect of different holiday destinations resort in India. By such approach the complainant and his family members took various membership with the said company and paid the necessary fees towards the membership. It has been agreed that in case the petitioners company failed to provide payment/resort, the company was obliged to pay the damages. The facts suggested that the petitioner company failed to complete the project within time. In 2001, the complainant sought for cancellation of such membership. Accordingly the company changed the membership of the complainant and requested for adjustment of the amount with Food Vouchers. Such request
Arun Bhandary Vs. State of UP (2013) 2 SCC 801
Indian Oil Corporation Vs. NEPC India Limited (2006) 6 SCC 736.
Mukul Roy Vs. State of West Bengal (2019) CRLJ 245
P R Kapoor Vs. State of Punjab AIR 1960 SC 866
Prem Kumar Vs. State of Rajasthan and Anr.
R. Kalyani Vs. Janak C. Mehta (2009) 1 SCC 516
Sarabjit Kaur Vs. State of Punjab and Anr. (2023) 5 SCC 360
State of Orissa vs Saroj Kumar Sahoo (2005) 13 SCC 540
Suryalakshmi Cotton Mills Limited Vs. Rajvir Industries Limited (2008) 13 SCC 678
Thelapalli Raghaviah Vs. Station House officer and Ors. (2007) 10 SCC 424
Vijay Kumar Ghai Vs. State of West Bengal and Ors. (2022) 7 SCC 124
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.