Allowed

M/S Natural Dairy Private Limited and Ors. v. the State of Bihar and Ors.

Patna HC3 Dec 2012CR. MISC./20368/2012

Case brief

AI extract

What is this about?

in Criminal Misc. No. 20368 of 2012, the Patna High Court quashed the criminal proceedings initiated against M/S Natural Dairy Private Limited and its Managing Director. The court held that the complaint, alleging financial disputes and failure to provide accounts, did not disclose any criminal offence but was filed due to business disagreements.

What did the court decide?

The entire proceeding including the order dated 3.11.2011 passed by the Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 3359(C) of 2010 is quashed.

M/S Natural Dairy Private Limited and Ors. Vs the State of Bihar and Ors. — Patna HC (2012) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20368 of 2012

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====================================================== 1. M/S Natural Dairy Private Limited, N.S.-11, Industrial Area, Pataliputra, Police Station- Pataliputra, Patna-800013 through its Managing Director Hemant Kumar Das

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Hemant Kumar Das, S/O Shri Awadhesh Das, resident of 502, White House Apartment, Budha Marg, Police Station- Kotwali, Town And District Patna, the Managing Director Of M/S Natural Dairy Private Limited. .... .... Petitioner/s

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Versus

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The State Of Bihar

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Amit Kumar, Proprietor, M/S/ Singh Enterprises, S/O Shri Shyamnandan Singh, Resident of Mohalla- Mainpura (Behind Sati Asthan), Post OfficeG.P.O., Police Station- Pataliputra in the town and District Patna.

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.... .... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Gautam Kejriwal, Adv. For the State : Mr. Narsingh Tanti, A.P.P. For the Opposite Party No. 2 : None.

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====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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3. 03.12.2012 No one appears on behalf of the Opposite party No. 2 on the second successive date.

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Heard learned counsel for the Petitioners and the

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State.

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The Petitioners seek quashing of the entire proceeding including the order dated 3.11.2011 passed by the Judicial Magistrate, 1^st Class, Patna, in Complaint Case No. 3359(C) of 2010 by which he has taken cognizance in the matter.

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The case of the Complainant is that he was appointed

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as a Distributor by the accused persons some time in April, 2009

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Patna High Court Cr.Misc. No.20368 of 2012 (3) dt.03-12-2012

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2 / 2

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on deposit of Security Money of Rs. 1,00,000/-. However, in April, he received two demand notices with regard to the total dues of Rs.97,497/- and he was informed that if the same is not paid, the distributorship would be cancelled. Whereafter, when the Complainant approached the accused persons, neither they gave him any detailed accounts nor any papers.

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It has been submitted on behalf of the Petitioners that even accepting the allegation in the Complaint, no offence whatsoever is made out in the facts of the case.

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Having gone through the Complaint petition, I am of the view that present Complaint appears to have been filed by the disgruntled Distributor on account of some difficulties encountered in the business dealings between him and the Company and no criminal offence is discernable in the facts of the case.

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In view of such, the application is allowed and the entire proceeding including the order dated 3.11.2011 passed by the Judicial Magistrate, 1^st Class, Patna, in Complaint Case No. 3359(c) of 2010 is, hereby quashed.

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(Anjana Prakash, J.)

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S.Ali

M/S Natural Dairy Private Limited and Ors. v. the State of Bihar and Ors.

Case brief

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M/S Natural Dairy Private Limited and Ors. v. the State of Bihar and Ors.

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