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2018 Supreme(Gau) 826

AJIT BORTHAKUR
Kohinoor Pulp and Paper Pvt. Ltd. – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :M. Sarma, Advocate.

JUDGMENT :

Ajit Borthakur, J.

1. By this petition under Section 482 Cr.P.C., the petitioner has sought for setting aside and quashing the order, dated 10.08.2016, passed by the learned Sessions Judge, Goalpara in Crl. Rev. No. 33/2016 and order, dated 09.06.2016, passed by the learned Judicial Magistrate, First Class, Goalpara in connection with Mornoi P.S. Case No. 105/2016 under Section 420/406 IPC whereby the learned Sessions Judge, Goalpara dismissed the said revision petition.

2. The petitioner's case, in a nutshell, is that the petitioner is a private limited company registered under the Companies Act, 1956 and the respondent No. 2 is a proprietorship firm and service provider dealing with supply of heavy duty cranes. The petitioner-company took one crane, bearing registration No. NL-01G-3920, by executing an agreement for sale, dated 01.07.2014 with the respondent No. 2 for Rs. 72,00,000/- (Rupees Seventy Two Lakhs) and paid Rs. 10,00,000/- (Rupees Ten Lakhs) by cheque as advance. Subsequently, dispute arose between the parties for respondent No. 2's failure to comply with the terms of the said sale agreement and therefore, the petitioner filed an application on 30.05.2016 unde



























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