JITENDRA NATH BANERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) - Both the above applications arise out of complaint case No. 24/87 pending before the Judicial Magistrate, Ranchi. The complaint has been filed by the opposite party No. 2 Vinay Kumar Jalan and the petitioners of both the applications figure as accused persons in this complaint case. The prayer in both the applications is for quashing the order, dated 7-5-1987 whereby cognizance of the offence under section 406/34, I.P.C. has been taken by the Magistrate against the accused persons (petitioners) and also for quashing the entire proceedings of the said complaint case. Both these applications have been heard together and this order will govern 90th of them.

(2.) The petitioner No. I, E. Merck (India) Ltd., in Cr. Misc. No. 1251/87(R) is a drugs manufacturing company with its headquarters at Dr. Annie Basant Road, Bombay, and petitioner Nos. 2, 3 and 4 are Director, Secretary and Manager of this Company. The figure as accused Nos. 1, 4, 5 and 10 in the petition of complaint. The petitioners of Cr. Misc. No. 1270/87(R) are the employees of the aforesaid company posted in its offices at Calcutta, Patna and Ranchi for dealing with the business transactions of the company. The figure as accused Nos. 2, 6, 7, 8 and 9 in the petition of complaint. One Sri C.H. Bhaba, Chairman of the Company has been shown as accused No. 3 in the petition of complaint; he is said to have died even before filing of the complaint petition.

(3.) The opposite party Vinay Kumar Jalan is the proprietor of the firm Drugs India with its Headquarters at Ranchi and claims to transact wholesale business of pharmaceutical products. He is the complainant of the case. The petition of complaint filed by him has been made Annexure-I in both these applications.