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2013 Supreme(Chh) 168

RADHE SHYAM SHARMA
CLEARWATER CAPITAL PARTNERS SINGAPORE FUND-III PVT. LTD. – Appellant
Versus
IND SYNERGY LTD. – Respondent


Advocate Appeared:
In Cr.M.P. No. 393 of 2012 :
Shri Atul Nanda, Senior Advocate with Shri Manish Nigam, Advocate, for the Petitioner.
Shri Rakesh Makhija and Shri Ankit Singhal, Advocates, for the Respondent No.1.
Shri Vinay Harit, Deputy Advocate General, for the State/respondent No.2.
In Cr.M.P. No. 318 of 2012 :
Shri Atul Nanda, Senior Advocate with Shri Sharad Bansal, Advocate, for the Petitioners.
Shri Rakesh Makhija and Shri Ankit Singhal, Advocates, for the Respondent No.1.
Shri Vinay Harit, Deputy Advocate General, for the State/respondent No.2.

ORDER

1. Cr.M.Ps. No.393/2012 and 318/2012 have been preferred under Section 482 of the Code of Criminal Procedure, 1973 for quashing order dated 19-03-2012 passed by Chief Judicial Magistrate, Raigarh in Criminal Case (Complaint) No.283/2012. By the impugned order, the learned Chief Judicial Magistrate, Raigarh has ordered for registration of a criminal case (complaint) against the petitioners and for issuance of summons to them.

2. The facts necessary for disposal of the case are as under:

The petitioner in Cr.M.P.No.393/2012 is a private limited company and registered in Singapore with its principal office at 4, Battery Road, # 34-01, Bank of China Building, Singapore. Mr. Manish Jain is authorized representative of the petitioner company and he has been duly authorised to swear affidavit, sign vakalatnama and file the petition. He has also been authorised to do other related necessary acts. The Indian company is a private limited company incorporated and registered in India under the provisions of the Companies Act, 1956. In Cr.M.P.No.318/2012, petitioner No.1 Mrinal Chandran is Vice President (Legal) and petitioner No.2 Amit Gupta is Director of the said Indian company M/s Clearw





















































































































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