NEXTENDERS INDIA PRIVATE LIMITED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D. Das, learned Senior Counsel being assisted by Ms. R. Deka, learned counsel for the petitioners in both the petitions. Also heard Mr. P.S. Lahkar, learned Addl. P.P., Assam, appearing for the State respondent as well as Mr. K. Kalita, learned counsel appearing for the respondent No.2 of Criminal Petition No.722/2014.

(2.) By this common judgment and order, it is proposed to dispose of two criminal petitions, being Crl. Petition No.768/2014 and Crl. Petition No.722/2014, as the petitioners of both the petitions have prayed for quashing of the proceeding of Complaint Case No.466C/2014, under Sec. 409/420/468/471 of the IPC, read with Sec. 65/66 of the I.T. Act, 2000, pending in the Court of Judicial Magistrate, First Class, Kamrup at Guwahati, corresponding CID P.S. Case No.13/2014, under Sec. 409/420/468/471 of the IPC, read with Sec. 65/66 of the I.T. Act, 2000, on the basis of the complaint lodged by one Prabir Kalita/respondent No.2, and the order of the learned Judicial Magistrate, First Class, Kamrup (M) at Guwahati dtd. 18/2/2014, passed in Complaint Case No.466C/2014, as a common question of law is involved in the same.

(3.) The factual background, leading to filing of the present petitions, is adumbrated herein below :-