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1995 Supreme(Gau) 52

M.SHARMA
Atul Chandra Bora – Appellant
Versus
Assam Tea Brokers Pvt. Ltd. , Gauhati – Respondent


Advocates Appeared:
K. Agarwal, R. K. Agarwal, D. N. Choudhury, H. N. Sarma and P. Kataki

Judgement

ORDER:-This civil revision has been preferred by the petitioner who is the defendant No. 2 in Money Suit No. 178 / 91 and also the accused No. 2 in case No. 351 c / 91 filed by the opposite party against the three accused persons including the present revision petitioner; for stay of the proceeding in the about mentioned Money suit till disposal of the above mentioned criminal case.

2. Before considering this petition a back drop of both the cases has to be given which led to filing of both the Money suit as well as the criminal case.

3. A complaint case being case No. 351 c/ 91 had been instituted against the petitioner alongwith the others namely accused No. 1 Sri Satyajit Kr Barua and accused No. 3 Girish Ch Thakuria under Sections 403 / 406 / 408/ 417/ 418/ 420/ 424/ 477A/511 read with Section 120B, I.P.C. by the opposite party. The allegation in the complaint case was that the offence was committed during the period from 16-7-1984 to 30-4-1988 and during this period the accused persons, in pursuance of a conspiracy committed misappropriation of the complainants fund to the tune of Rs.13,04,014.46/-. One of the accused, namely, accused No. 1 Satyajit Kr Barua approached

















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