Pharma Corp Inc. Ltd. and Others v. State of West Bengal and Anr.
Case brief
What is this about?
Quashing of private complaint; Section 202 Cr.P.C mandatory enquiry where accused resides beyond Magistrate's territorial jurisdiction; cognizance and process under Section 204 Cr.P.C without enquiry vitiated; Sections 406/420/120B IPC ingredients — entrustment and cheating absent in commercial dispute over outstanding dues and medicine quality; breach of contract is civil remedy; abuse of process; Vijay Dhanuka v. Najima Mamtaz (2014) 14 SCC 638 followed; Bhajanlal parameters; dishonoured security cheque and Section 138 NI Act proceeding at Indore; CRR 698 of 2023; High Court at Calcutta; Chaitali Chatterjee Das, J.
What did the court decide?
CRR 698 of 2023 allowed; the entire proceeding in case no. CS/51484 of 2022 pending before the learned Metropolitan Magistrate, 10th Court, Calcutta under Sections 406/420/120B IPC, and all orders passed therein, quashed.