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2018 Supreme(MP) 887

S.C.SHARMA
Cott Beverages Inc. – Appellant
Versus
Tristar Beverages Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ravindra Shrivastava, Learned Senior Counsel, Trinath and Vijay Assudani, Learned Counsel
For the Respondent: Ashok Kumar Singh, Awanish Sinha, Vivek Singh and Chandra Shekhar Yadav, Learned Counsel

ORDER :

S.C. SHARMA, J.

1. The petitioner before this Court has filed this present petition under Section 482 and Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 for quashment of the order passed by the 12th Additional Sessions Judge, Indore in Criminal Revision No. 641/2015 and for quashment of the complaint filed by the respondents. Facts of the case reveal that petitioner No. 1 is a Company incorporated under the laws of United States of America, having its registered Office at 1001, 10th Avenue, Columbus, GA 31901, USA. The petitioner No. 2 is the Managing Director, petitioner No. 3 is Financial Head and petitioner No. 4 is head of Indian operations. Facts of the case further reveal that petitioner No. 1 Company is carrying on manufacturing of non-alcoholic cold beverage under the brand name of R.C. Cola and on 09/05/2003 the petitioner Company informed the complainant that he would get a commission for each new Bottler who is appointed by the petitioner No. 1 by signing a bottler's agreement and trade mark licensing agreement. The document is on record as Annexure P/1 page 55 of the compilation. It is a letter dated 9/5/2003 and that is the only documen































































































































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