GIRISH MULSHANKAR CHAUDHARY Vs. M.M. ENTERPRISE

JUDGEMENT

(1.) This petition under Sec. 482 of the Cr.P.C. is preferred by the petitioners, namely, (i). Girish Mulshankar Chaudhary and (ii). Kusum Choudhary, for quashing the complaint case, being, C.R. Case No. 2845C /2018, pending before the learned SDJM-II, Kamrup (Metro).

(2.) The factual background leading to filing of this petition is briefly stated as under:

(3.) The respondent firm M/s M. M. Enterprise has submitted affidavit-inopposition denying all the averments made in the petition. It is stated that the case has been filed in accordance with law and that though the petitioners have tendered their resignation, the same were not accepted by the Company and their names are still reflected in the web-site of the Company and that the Company is not made a party in the present petition and that a prima-facie case is made out against both the petitioners, and therefore, the inherent power under sec. 482 Cr.P.C. cannot be exercised to quash the proceeding of this nature against both the petitioners. It is therefore contended to dismiss the petition.