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2017 Supreme(Tri) 61

T.VAIPHEI
Swarnembhu Sarkar, S/o. Sri Shambhunath Sarkar – Appellant
Versus
Binoy Krishna Podder @ Binoy Podder, S/o. Late Satish Chandra Podder – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.K. Bhattacharjee, Mr. S. Mandal, Mr. R. Sen, Advocate.
For the Respondents:Mr. S. Sarkar, Public Prosecutor, Mr. S. Lodh, Advocate.

JUDGMENT & ORDER :

This criminal petition is directed against the order dated 14-3-2017 passed by the learned Additional Chief Judicial Magistrate, West Tripura, Agartala in NI Case No. 190 of 2013 holding that he has the territorial jurisdiction to try the case.

2. The facts of the case, relevant for disposal of the criminal petition and as pleaded by the petitioner, may be noticed at the outset. The petitioner is running a dealership of Indian Oil Corporation Ltd. under the name and style of M/S Halder Service Station located at Kholapota in the District of North 24 Paraganas, West Bengal. The respondent No. 1 and his brother, one Shankar Podder, are also having petroleum business in Tripura and were looking for starting a business in West Bengal in the year 2008-09. Due to ill-health and lack of fund, the petitioner had made a proposal to the respondent No. 1 and his brother to assist him in the running of his business. On acceptance of the proposal, they had entered into notarized agreement on 19-5-2009 at Barasat, and the respondent No. 1 paid a sum of Rs.25,00,000/- to the petitioner in terms of the said agreement as a working capital and another sum of Rs.10,00,000/- as securi












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