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2021 Supreme(Gau) 786

Prosenjit Dutta – Appellant
Versus
State of Mizoram – Respondent


Advocate Appeared:
For the Appellant :P.K. Deka and M.S. Alam, Advocates
For the Respondents:F. Lalengliana, Advocate and Linda L. Fambawl, Addl. PP

JUDGMENT :

Michael Zothankhuma, J.

1. Heard Mr. P.K. Deka, learned counsel for the petitioner. Also heard Mr. F. Lalengliana, the learned counsel for the respondent No.5 and Mrs. Linda L. Fambawl, learned Additional Public Prosecutor for the respondent Nos. 1 to 4.

2. This criminal petition has been filed for quashing the FIRs dated 04.02.2019 and 06.02.2019 and the consequent criminal proceeding, i.e. Criminal Trial No.74/2019, arising out of Champhai Police Station Case No.9/2019 dated 06.02.2019 under Sections 420 and 506 IPC.

3. The petitioner's counsel submits that the case of the respondent No. 5 is that the respondent No. 5 had given Rs. 2,99,50,000/- to the petitioner sometime in July, 2018, for supply of sugar and fertilizer. However, the supply of the materials made by the petitioner to the respondent No. 5 was short by Rs. 69,12,327/-. Despite the request made by the respondent No. 5 to the petitioner to make good the short supply, the petitioner refused to send the same. When the respondent No. 5 and her husband went to meet the petitioner demanding payment of Rs. 69,12,327/- at Silchar in January, 2019, one of the petitioner's employees, namely, Sh. Abdul Ahad Laskar threa

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