ALOK KUMAR BASU, J.

( 1 ) BOTH the aforesaid applications arise out of the complaint filed by the opposite party No. 2 Sudhir Chopra numbered as Complaint Case No. 2617/89 u/ss. 420/ 406/120-B, IPC. of the Court of Chief Judicial Magistrate, Moradabad, against the 11 accused, the applicant V. Kothari and M/s. Sunds Defibrator AB, being accused Nos. 1 and 11 respectively. In both the cases State of U. P. and Sudhir Chopra are opposite parties Nos. 1 and 2 respectively. Since these two applications relate to the same complainant case, they were heard together and are being disposed of by this judgment.

( 2 ) SUDHIR Chopra claimed himself to be the Vice President of a Company known as Best Boards Limited having its factory at Gajraula, Police Station Gajraula District Moradabad, U. P. The allegations in the complaint in short are that M / s Sunds Defibrator AB is a company with its registered office at Sweden. This company works in India through its representatives such as accused Nos. 4 to 10. There is another company arrayed as accused No. 3 while accused Nos. 1 and 2 are its executives and managers. An agreement was entered into between the complainant Company with the accused who a

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