M/S. Global Corrosion Control vs The State Of Assam And 3 Ors
2022 Latest Caselaw 2549 Gua

                                                                Page No.# 1/3

GAHC010228262019




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)


                                  Crl.Pet./1106/2019

         M/S. GLOBAL CORROSION CONTROL
         A PROPRIETORSHIP FIRM OWNED AND CONTROLLED BY SRI SHIVALING
         S. POOJARI REPRESENTED BY ITS PROPRIETOR SRI SHIVALING SHIVAPPA
         POOJARI
         AGED 49 YEARS
         S/O SHIVAPPA HIRANA POOJARI
         R/O 301 URMILLA COMPLEX
         32
         STATION AVENUE ROAD
         OPP. MALHAR HOTEL
         ABOVE WAMAN HARI PETHE JEWELLERS
         CHEMBUR
         MUMBAI
         MAHARASTRA


          VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REPRESENTED BY THE PUBLIC PROSECUTOR
         ASSAM

         2:M/S NEW N.E. PAINT UDYOG LTD.
         A PARTNERSHIP FIRM INDUSTRIAL ESTATE NO. 8
          DARIKAPAR
          P.S. AND DIST-SIVASAGAR
         ASSAM-785640
          3:GOPAL PRASAD JOSHI
         PARTNER OF M/S NEW N.E. PAINT UDYOG LTD.
          S/O LATE SATYANARAYAN JOSHI
         WARD NO. 6
          G.N.G. ROAD
          SIVASAGAR
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           P.O.
           P.S. AND DIST-SIVASAGAR
          ASSAM
           PIN-785640
           4:SMT. SUMAN JOSHI
          PARTNER OF M/S NEW N.E. PAINT UDYOG LTD.
          W/O SRI GOPAL PRASAD JOSHI
          WARD NO. 6
           G.N.G. ROAD
           SIVASAGAR
           P.O.
           P.S. AND DIST-SIVASAGAR
          ASSAM
           PIN-785640
           ------------

Advocate for : MR. R P SARMAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.

BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

JUDGMENT & ORDER

Date: 28.07.2022

Heard Mr. RP Sharma, learned Senior Counsel for the petitioner and Mr. BB Gogoi, learned Addl.Public Prosecutor for the State respondent No.1. Also heard Mr. GN Sahewalla, learned Senior counsel for the respondent Nos. 2 and 3.

2. This petition under Section 482 CrPC read with Article 227 of the Constitution of India has been filed by the petitioner praying for quashing of the proceeding in CR NI Case No. 66/2018 (M/s NE Paint Udyog & anr) pending before the court of learned CJM, Dibrugarh.

3. The petitioner accused firm has filed 02 (two) criminal petitions being Page No.# 3/3

Criminal Petition No.1128/2019 and the present one, pertaining to two different dishonoured cheques. In the former petition the cheque No. was 855737, dated 21.06.2018, for Rs.1,49,832 only and in the present petition. The cheque No. was 855736, dated 21.06.2018, for Rs.52, 00, 356 only.

4. Further, in the instant petition, the respondent No.3 namely, Gopal Prasad Joshi, one of the partners of the respondent No. 2 firm is impleaded as the complainant No.2 in the impugned CR (NI) Case No.66/2018.

5. The factual matrix in both the above criminal petitions is common except in respect of the above differences in respect to the cheque numbers and the cheque amounts.

6. Accordingly, for the same reasons recorded in the judgment and order, passed in the connected Criminal Petition No. 1128/2019, the instant criminal petition also stands dismissed.

7. The learned trial court is directed to take a decision on the point of Limitation, after affording opportunity of being heard to both the parties afresh, in accordance with law.

8. The interim stay order, dated 20.09.2019, is hereby vacated.

The criminal petition stands disposed of accordingly.

JUDGE

Comparing Assistant