LAWS(P&H)-1999-11-100

JNANA MANDAL LIMITED Vs. AMRIT PAPER LIMITED

Decided On November 05, 1999
Jnana Mandal Limited Appellant
V/S
Amrit Paper Limited Respondents

JUDGEMENT

(1.) THIS application is filed under Section 482, Criminal Procedure Code to quash the complaint dated 21.8.1986 (Annexure P-1) filed by the respondent Company against the petitioners.

(2.) THE respondent is a Company having it regd. office at Ghaziabad, but it is having its business office and factory at Saila Khurd in District Hoshiarpur in the State of Punjab. It is engaged in the business of production, distribution and supply of newsprint and other kinds of paper. The accused No. 1 is also a Company having its regd. office at Varanasi in the State of Uttar Pradesh. It has got three sister concerns namely AJ Prakashan Ltd., Bihar Samachar Patra Limited and Shashwat Printers (P) Limited. All the companies are under the same management and control. They are also publishing Hindi Daily Newspaper 'AJ' mainly having its distribution in the State of Uttar Pradesh, Bihar and Madhya Pradesh. The accused No. 2 i.e. petitioner No. 2 is Editor, Publisher and Managing Director of the aforesaid Companies. Accused Nos. 3 and 4 are General Manager and Financial Controller of the Company which is accused No. 1.

(3.) THE petitioners therefore filed this application for quashing the complaint and set aside the order of the learned Judicial Magistrate 1st Class, Garhshankar dated 18.4.1998.