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2024 Supreme(Gau) 382

ROBIN PHUKAN
Shiv Kumar Agarwal, S/o Late Kishan Lal Agarwal – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.K. Jain.
For the Respondents: Mr. B. Sharma, Addl. P.P., Mr. A.T. Sarkar.

 

Heard Mr. R.K. Jain, learned counsel for the petitioner; Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent No. 1; and Mr. A.T. Sarkar, learned counsel for the respondent No. 2.

2. In this petition, under Section 482 of the Cr.P.C., the petitioner, namely, Shri Shiv Kumar Agarwal has put to challenge the correctness or otherwise of the order, dated 22.02.2023, passed by the learned Addl. Chief Judicial Magistrate, South Salmara Mankachar in C.R. Case No. 06/2023. It is to be noted here that vide impugned order dated 22.02.2023, the learned Addl. Chief Judicial Magistrate, South Salmara Mankachar, took cognizance of the offences under Sections 448/420/406/506 of the IPC, against the present petitioner and issued process to him to appear before the court and to stand trial.

3. The background facts leading to filing of the present petition are adumbrated as under:-

 

    “The petitioner is a businessman by profession of Dhubri. He is the proprietor of M/S Annapurna Trading. The said firm had supplied goods of worth Rs. 5,58,521/-, vide Invoice No. 379, on 07.08.2021, to the firm of the respondent No. 2, in the name and style, M/S Suman Enterprise. The respondent No.

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