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CALCUTTA HIGH COURT
Ajay Kumar Gupta, J
Rohit Patni – Appellant
Versus
G. Jagwani – Respondent
| Table of Content |
|---|
| 1. criminal proceedings initiated from a complaint. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioners argue complaint is civil in nature. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. opposite party claims intentional deceit by petitioners. (Para 13 , 14 , 15 , 16) |
| 4. court evaluates elements of criminal offences. (Para 18 , 19 , 20 , 21 , 22) |
| 5. account of non-payment as civil dispute. (Para 29 , 30 , 31) |
| 6. court quashes proceedings under criminal law. (Para 32 , 33 , 34) |
| 7. final order quashing criminal complaint. (Para 37 , 38 , 39 , 40 , 41 , 42) |
JUDGMENT :
Ajay Kumar Gupta, J.
1. This instant Criminal Revisional application has been filed by the petitioners/accused persons under Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.), seeking quashing of the proceeding arising out of Complaint Case No. C-4252 of 2016 under Sections 420 /406/120B of the Indian Penal Code, 1860 (in short IPC ) initiated by the Opposite Party No. 1 under Section 156 (3) of the Cr.P.C. before the Learned Chief Judicial Magistrate, Alipore on 23rd November, 2016, which was subsequently converted to Section 200 of the Cr.P.C., now pending before the Court of the Learned 5th Judicial Magistrate, Ali
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