INDICON WESTFALIA LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present petitioner is a company within the meaning of the Companies Act 2013 and is duly incorporated under the provisions of the Companies Act, 1956 and carrying on business of original equipment manufacture of multi-function containers, material handling systems and coal mining equipment.

(2.) The petitioner approached before this Court by filing an application under section 482 of the code of criminal procedure, 1973 praying for quashing of the proceedings of G.R. Case No.2917 of 2015 arising out of Shakespeare Sarani (Section K2) Police Station Case No.443 dated December 29, 2015 under Sections 420/120B of the Indian Penal Code.

(3.) Present opposite party No.2 Sukriti Kumar Dasgupta, Deputy General Manager (Production) Oil & Natural Gas Corporation Limited lodged one written complaint with Shakespeare Sarani (Section K2)Police Station against the present petitioner and one G.M.S. Shipping Containers Pvt. Ltd for commission of the alleged offence punishable under Section 120B/420 of the Indian Penal Code. It was alleged in the said First Information Report that the present petitioner while taking part in a Tender of Oil & Natural gas Corporation Limited regarding supply of Bunk Houses had misrepresented facts and used fraudulent means. It was the specific allegation in the said First Information Report that there was conspiracy between the present petitioner and GMS Shipping & Containers Private Limited and on the basis of that conspiracy the petitioner during tender claimed that they were the distributors/agent for marketing of GMS Shipping & Containers Private Limited make Bunk Houses and would supply Bunk Houses manufactured by GMS Shipping & Containers Private Limited. Subsequently on scrutiny carried out by the Vigilance Department it revealed that Indicon Enterprises Ltd. actually supplied Bunk Houses manufactured by themselves and not manufactured by GMS Shipping & Containers Private Limited.