SATYAM AGRAWAL Vs. SOM DISTILLERIES LTD

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Cr.P.C. for quashment of the proceedings registered the petitioner on the basis of the complaint case.

(2.) The petitioner is a Director Alfa Containers Private Limited company registered under the provisions of Companies act, 1956. The petitioner initiated proceedings against the respondent under the provisions of Companies Act for dissolution of the company because the respondent company failed to pay an amount of Rs. 32,00,000/- to the petitioner which was due in favour of the petitioner. Thereafter, a private complaint was filed against the petitioner before the court of Judicial Magistrate Raisen under Section 200 of the Cr.P.C. for registration of offence punishable under Sections 120-B, 308, 420, 425, 506 and 507 of the Indian Penal Code. The Magistrate vide order dated 05/02/1999 had taken cognizance against the petitioner for commission of offence punishable under Sections 120-B, 420, 167 and 506-B of the IPC.

(3.) The petitioner challenged the order of Magistrate under Section 482 of the Cr.P.C. before this court in M.Cr.C. No. 8605/1999, the court disposed off the petition vide order dated 08/03/2001 with certain directions.