NANOTECH P LTD Vs. NILKAMAL LTD

JUDGEMENT

(1.) THE issue raised in this writ petition is the maintainability of the particular criminal proceeding initiated against the petitioners by the respondent No. 1.

(2.) THE respondent No. 1 who is the complainant in the criminal proceeding initiated against the petitioners is a Company incorporated under the provision of Companies Act. It is engaged in the business of manufacture and sale of crafts, bins and furniture. Its registered office and factory is at Silvassa in the Union Territory of Dadra and Nagar Haveli.

(3.) THE present proceeding has arisen out of the criminal complaint lodged by the respondent No. 1 against the petitioners in the Court of the Judicial Magistrate, Dadra and Nagar Haveli at Silvassa registered and numbered as Criminal Complaint No. 119/06 and the orders passed therein. The petitioners by means of this application under Article 226 of the Constitution of India has prayed for setting aside and quashing of the aforesaid Criminal Complaint No. 119/06 and the order dated 30. 11. 06 by which the learned Judicial Magistrate, Dadra and Nagar Haveli at Silvassa issued process to the petitioners upon taking cognizance of the complaint lodged by the respondent No. 1 against the petitioners expressing prima facie satisfaction to proceed against the accused/petitioners under Sections 406, 415, 417 read with Section 120 (B) IPC.