Allowed

M/S Dunlop India Limited v. the State of Bihar and Ors.

Patna HC16 May 2016CR. MISC./11148/2011

Case brief

AI extract

What is this about?

The High Court of Patna allowed an application to quash criminal proceedings initiated by a complainant against tyre companies and their directors. The Court held that the dispute involved a bad financial transaction lacking criminal elements and was essentially a matter of civil financial miscounting.

What did the court decide?

The criminal proceeding including the order of cognizance dated 20.1.2011 was set aside.

M/S Dunlop India Limited Vs the State of… — Contract and Commercial Disputes | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.11148 of 2011

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Arising Out of PS.Case No. -0 Year- null Thana -null District- PATNA

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=========================================================== 1. M/S Dunlop India Limited, through Debasis Bhaumik, Deputy General Manager (Legal) Son Of Sri Biresh Kumar Bhaumik "Kings Court", Flat No. -14 And 18, 46 B, Chouringee Road, P.S. - Shakeshpears Sarani, District - Kolkatta - 700071.

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.... .... Petitioner/s

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Versus

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The State Of Bihar.

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M/S S.S. Enterprises through its Director Manjit Singh Sahni S/O Late Sewa Singh Sahni having its Branch Office at Sikandar Manzil, Frazer Road, P.S. - Kotwali, District - Patna.

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

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=========================================================== Appearance : For the Petitioner/s : Mr. Amish Kumar, Advocate For the State : Mrs. Asha Kumari, APP For Opposite Party No.2 : Mr. Ravindra Kumar, Advocate

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

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Date: 16-05-2016

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The Petitioner seeks quashing of the order of cognizance dated 20.1.2011 passed by the court of Smt. Noor Sultana, Judicial Magistrate, 1^st class, Patna in Complaint case No.7(c) of 2011.

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The case of the Complainant is that his Company deals with business of tyres, tubes, batteries, etc., whereas the Accused No.1 is a tyre manufacturing company and other accused are Directors of the same. In course of business the accused persons came to Patna and asked the Complainant to enter into business transaction with them on deposit of security. Taking the proposal to be bona fide he did so, but later on the transactions became difficult on account of

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Patna High Court Cr.Misc. No.11148 of 2011 dt.16-05-2016

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2/2

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which a huge amount of money is due in the company and hence the present Complaint.

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It has been submitted on behalf of the Petitioner that even accepting the allegations in the Complaint Petition no criminal offence is made out and at best it appears to be a case of financial miscounting.

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On the other hand, the Counsel for the Complainant submits that such a huge amount of money has been defalcated by the company and, therefore, it should be put on trial.

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Having considered that nature of dispute is primarily of a financial transaction having gone bad wherein criminal element is completely lacking, the application is allowed and the proceeding including the order of cognizance dated 20.1.2011 passed by the court of Smt. Noor Sultana, Judicial Magistrate, 1^st class, Patna in Complaint case No.7(c) of 2011 is hereby set aside without prejudice to the rights of the parties.

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(Anjana Prakash, J)

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Narendra/-

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AFR/NAFR	NAFR
CAVDATE
UploadingDate	25.05.2016
Transmission Date	25.05.2016

M/S Dunlop India Limited v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

M/S Dunlop India Limited v. the State of Bihar and Ors.

Case brief

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What did the court decide?

What the court decided

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