Vivek Patni v. The State Of Jharkhand

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, 5[th] Floor, P.O & P.S.-Bow Bazar, Dist.-Kolkata (West Bengal) …… Petitioners 33, Chitranjan Avenue, 5[th] 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 --------- For the Petitioners : Mr. Bibhash Sinha, Advocate For the State : Mr. Sudhir Kumar Roy, Advocate 04/Dated: 10[th] 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.)