Jharkhand High Court
Vinay Patni And Ors vs The State Of Jhakrhand And Anr on 10 March, 2016
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 406 of 2016
1. Vinay Patni, S/o Sri Vijay Kumar Jain @ Patni
2. Vivek Patni, S/o Sri Vijay Kumar Jain @ Patni
3. Vijay Kumar Jain Patni @ Vijay Patni, S/o Late Dharamchand Patni, All R/o
33, Chitranjan Avenue, 5th Floor, P.O & P.S.-Bow Bazar, Dist.-Kolkata (West
Bengal) ...... Petitioners
Versus
1. The State of Jharkhand
2. Vijay Kumar Gupta, S/o Shyamakant Gupta, R/o Village-New Barganda, P.O-
Giridih, P.S.-Giridih, Dist.-Giridih ......Opposite parties
CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioners : Mr. Bibhash Sinha, Advocate
For the State : Mr. Sudhir Kumar Roy, Advocate
04/Dated: 10th March, 2016
Mr. Bibhash Sinha, learned counsel for the petitioners has submitted that
the complaint case has been instituted by O.P. No.2 for not making payment of
outstanding amount which was due on account of transaction in which carbon
electro paste was supplied by the company of the complainant. It has been
submitted that the company in which the petitioners are the directors, have gone
into liquidation and official liquidator has been appointed to take possession of
the assets and other relevant materials of the company as well as the control of
its transaction in terms of the order passed by the Hon'ble Calcutta High Court, on
21.07.2015.
In such circumstances, it has been submitted that the criminal proceeding against the petitioners cannot be continued.
Issue Notice to the opposite party no.2 as to why this application be not admitted and/or be not disposed of at the admission stage itself for which requisites under registered cover with A/D as well as through ordinary process be filed by 22.03.2016.
Until further orders, the proceeding in connection with complaint Case No. 507 of 2015, corresponding to T.R. No. 1411 of 2015, pending in the court of Smt. Manju Kumari, learned Judicial Magistrate, Giridih, shall remain stayed.
(Rongon Mukhopadhyay, J.) Tarun/Satayendra