KANAILAL JATIA Vs. RAMKRISHNADAS GUPTA

JUDGEMENT

(1.) These two rules arise out of two petitions of complaint filed by the opposite party Ram Krishna Dass Gupta against the five petitioners before the Chief Presidency Magistrate, Calcutta, charging them with having committed offences under Section 630 of Companies Act and under Section 424 of the Indian Penal Code. The petitioners now pray for quashing the orders of the Presidency Magistrate issuing summonses against them.

(2.) As the points involved are identical in both the rules, they will be dealt with together as hereunder.

(3.) Revision Case No. 750 of 1957 arises out of a Case No. C-894 of 1957. In this case the opposite party Ram Krishna Gupta instituted the complaint on behalf of J. K. Eastern Industries (Private) Ltd. Revision Case No. 751 of 1957 arises out of Case No. C-895 of 1957 where the same opposite party instituted the case on behalf of Reform Flour Mills (Private) Ltd. The accused persons in both the matters are the same.