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2024 Supreme(Cal) 1246

SUBHENDU SAMANTA
IN THE MATTER OF M/s. Sterling Holiday Resorts – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ayan Bhattacharya, Adv., Mr. Rajib Mallick, Adv., Ms. Sonia Mukherjee Adv., Mr. Rajib Mullick, Adv.,
For the Respondent: Mr. Sabyasachi Banerjee, Adv., Mr. Anirban Dutta, Adv., Ms. P. Mukherjee, Adv., Ms. Aditya Roy Adv., Mr. Imran Ali, Adv., Ms. Debjani Sahu Adv.

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

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