LAWS(KAR)-2015-1-96

BUSH HOG LLC Vs. STATE

Decided On January 14, 2015
Bush Hog Llc Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS petition under section 482 Cr.P.C., is filed by M/s. Bush Hog LLC (a company registered in the State of Alabama, USA), represented by Mr. John J. Sobota, (wrongly mentioned as Mel Cohen in cause title). It is averred in the complaint that petitioner and accused No. 2 are the companies incorporated under the Companies Act in the State of Alabama, USA. Accused 3 to 11 are the officials of accused Nos. 1 and 2 working in the said companies in various capacities. Further, accused 3 to 11 are in -charge and responsible for day -to -day affairs of sales and marketing of above products exported by II -respondent/complainant. The petitioner, accused No. 2 and aforestated officials of companies are arrayed as accused 1 to 15 in C.C. No. 5133/2010, registered for offences punishable under sections 406, 418 & 420 r/w 34 IPC. In the final report, petitioner is arrayed as accused No. 1. M/s. C.C. Industries is arrayed as accused No. 2. The other directors and officials of aforestated company are arrayed as accused 3 to 15 in C.C. No. 5133/2010 registered for offences punishable under sections 406, 418 & 420 r/w 34 IPC. This petition is filed to quash the complaint and final report filed in C.C. No. 5133/2010.

(2.) I have heard Sri S.Vijay Shankar, learned senior counsel for petitioner, Sri Murthy Dayananda Naik, learned counsel for II -respondent and Sri Vijayakumar Majage, learned HCGP for I -respondent.

(3.) CLAUSE 13.1.2 reads thus: -