MRS. NEHA HIMATSINGKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 ("the Code" and/or "the CrPC", for short), the two petitioners herein have sought quashing of the criminal proceeding of Complaint Case no. C.R. 6697 C/2018, presently pending in the Court of learned Judicial Magistrate, 1 st Class, Kamrup (Metro), Guwahati, and the Order dated 07.02.2019 passed by the said court, in so far as against them are concerned.

(2.) The background facts which are necessary for adjudication can be exposited as follows : the respondent no. 2 as the complainant (hereinafter also referred as "the complainant", at places, for easy reference) has instituted the complaint before a Court of Chief Judicial Magistrate, Kamrup (Metro), Guwahati on 03.12.2018. In the said complaint, the complainant has arraigned the respondent no. 3 as the accused no. 1. The respondent no. 3 (hereinafter also referred as "the accused no. 1 company", at places, for easy reference) is a company incorporated under the Companies Act. That apart, the complainant has arraigned 4 (four) Directors of accused no. 1 company as accused no. 2, accused no. 3, accused no. 4 and accused no. 5 respectively. The petitioner no. 1 and the petitioner no. 2 are arraigned as accused no. 3 and accused no. 4 respectively in the complaint. In this criminal petition, while the accused no. 1 company has been impleaded as the proforma respondent no. 3, the other two accused - accused no. 2 & accused no. 5 - are impleaded as proforma respondent no. 4 and proforma respondent no. 5 respectively. In transpires that in the complaint, the complainant, an individual, is represented by one of her employees.

(3.) In order to appreciate the issue raised in this criminal petition, it is apt to advert to the averments and allegations made by the complainant in the complaint.