Asit Bhattacharjee VS. M/s. Hanuman Prasad Ojha & Ors

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Asit Bhattacharjee VS. M/s. Hanuman Prasad Ojha & Ors

CASE NO.: Appeal (crl.) 1534 of 2006

PETITIONER: Asit Bhattacharjee

RESPONDENT: M/s. Hanuman Prasad Ojha & Ors

DATE OF JUDGMENT: 15/05/2007

BENCH: S.B. Sinha & C.K. Thakker

JUDGMENT: J U D G M E N T

S.B. Sinha, J.

1. Appellant herein was awarded contracts for exporting wheat, rice etc. upon purchasing the same from Food Corporation of India as also from open market, by the State Trading Corporation of India, Chennai and Kolkata as also West Bengal Essential Commodities Supply Corporation Limited.

Respondent Nos. 1 and 2 herein allegedly approached him for appointment as its agent to arrange and supply foodgrains i.e. wheat and rice of the Food Corporation of India and send the same to different destinations in West Bengal on commission basis. Pursuant to or in furtherance of the said agreement, Respondent No. 1 under the direction of Respondent No. 2 used to make arrangement of railway rakes at different railway stations in the State of Uttar Pradesh, Rajasthan, Uttaranchal, Madhya Pradesh and Haryana for export of rice and wheat from Food Corporation of India to Bangladesh for and on behalf of the appellant. Allegedly, in course of rendition such services, respondents committed various acts of breach of trust, cheating, forgery and criminal conspiracy. One of their employees was also assaulted. A complaint petition was filed by the Appellant Company before the Chief Metropolitan Magistrate, Kolkata purported to...

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