GUPTA TEA TRADERS Vs. STATE

JUDGEMENT

(1.) THE three Criminal Misc. Petitions bearing Crl.M.C.Nos. 530/2011, 1682/2010 & 1683/2010 have been filed by M/s Gupta Tea Traders; Naresh Gupta; and Om Prakash Gupta & Dinesh Kumar Gupta.

(2.) THE case of the petitioners is that M/s Gupta Tea Traders (petitioner in Crl.M.C. No.530/2011) was a partnership concern with Mr.Naresh Gupta (petitioner in Crl.M.C. No.1682/2010), Om Prakash Gupta and Dinesh Kumar Gupta (petitioners in Crl.M.C. No.1683/2010) as partners. THE partnership was dissolved vide dissolution deed dated 01.04.1993 and thereafter Naresh Gupta became proprietor of M/s Gupta Tea Traders and it became a proprietorship concern. THE other two partners namely Om Prakash Gupta and Diniesh Gupta ceased to have any concern with the proprietorship concern of Naresh Gupta.

(3.) THE learned MM ordered for summoning all the accused persons in the said complaint case. THE petitioners filed an application seeking discharge in the light of decision of this Court in S.S. Gokul Krishnan & Ors. Vs. State thr. Food Inspector, Govt. Of NCT of Delhi 2009 II AD (Delhi) 365, however, the said application was dismissed by the learned trial Court, hence this petition.