Commscope India Pvt. Ltd. vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 990

IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Commscope India Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Petitioner: Mr. Sandipan Ganguly, Sr. adv., Mr. Rohit Das, Mr. Indradip Das, Mr. Kishwar Rahman, Mr. Karan Dudhawala, Ms. Divya Tekriwal.
For the Respondent: Mr. Milon Mukherjee, Sr. adv., Mr. Daanish Haque, Mr. Zohaib Rauf, Mr. Abdul Zahid.

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The revisional application has been preferred praying for quashing of the order dated March 23, 2021 passed by the learned Chief Metropolitan Magistrate, Calcutta in Complaint Case No. C/19/2021 rejecting the petition under Section 156 (3) of the Code of Criminal Procedure, 1973.

2. The petitioner’s/complainant’s case is that the Petitioner had dealings with the Opposite Party No. 2, through its Directors, Ram Kumar Singhee and Mr. Damodar Das Singhee, the Opposite Parties No. 3 and 4 respectively, over the past 7 years during which time, the Petitioner routinely placed orders for copper wires at the market rate prevailing on the day of the order being placed from time to time.

3. In the month of February 2020, the Petitioner was approached by the Opposite Parties No. 2 to 4, with a new proposal. The Opposite Parties promised to supply copper wires at pre-fixed agreed prices with delivery set at a future date by giving a proposal of hedging the prices of the raw copper with London Metal Exchange (hereinafter for the sake of brevity referred to as "LME"), i.e., raw copper would be booked for future supply at pre-fixed prices with LME by the Opposi