RAJENDRA PRASAD SHARMA Vs. HARTIN HARRIS LTD.

JUDGEMENT

(1.) Order dated 01-07-2016 passed by the learned Additional Chief Metropolitan Magistrate, Calcutta in connection with Case No. C-267 of 1998 under Section 407/411/120B of the Penal Code is assailed.

(2.) The opposite party lodged the complaint against the petitioner and three others - Pawan Kumar Goel, Arun Kumar Goel, and Mahabir Prasad Sharma under Sections 407/411/120B of the Penal Code wherein he alleged that his company entrusted medicines to the firm of accused no. 1 and 2 M/S. Goel Roadlines Corporation for transport of the said medicines to the petitioner/accused no. 4 against consignment notes. Accused nos. 1 and 2 delivered the goods to accused nos. 3 and 4 without receiving a copy of consignment note from the latter and thereby disposed all the medicines in favour of the accused no. 3 and 4 dishonestly in breach of trust reposed upon them by the opposite party.

(3.) The case was filed for the present against accused nos. 1 and 2 and filed forever against accused no. 3 Mahabir Prasad Sharma who expired in the mean time. The petitioner is the only accused who is contesting the case and is being proceeded with for offence under Section 411 of the Penal Code.