FITJEE LIMITED Vs. SIBADATTA MOHANTY

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the proceeding being CS/96841 of 2018 under Ss. 420/34 of the Indian Penal Code pending before the learned Metropolitan Magistrate, 8th Court, Calcutta, the present application under Sec. 401 read with 482 of the Code of Criminal Procedure has been preferred.

(2.) The petitioners have contended that the petitioner no.1 is a company incorporated under the Companies Act and the petitioner nos.2, 3, 5 and 7 are the Directors of the petitioner no.1/company. The petitioner No.1/company is running entrance examination coaching centre under the name and style of "FIITJEE" throughout India.

(3.) The opposite party no.1 who is the father of a student, namely, Shreen Mohanty appeared in the entrance examination held on 4/2/2018 for the purpose of taking admission in coaching classes for IIT-JEE, scheduled to be held in the year 2020 and after qualifying the entrance examination, the said student filled up the enrollment form issued by the petitioner no.1/company which was also filled up by the opposite party no.1 as father and guardian of the said student.