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1985 Supreme(SC) 389

E.S.VENKATARAMIAH, R.B.MISRA
S. Guin – Appellant
Versus
Grindlays Bank LTD. – Respondent


Advocates:
ASHOK GROVER, D.N.MUKHERJI, P.K.CHAKRAVARTI, U.R.Lalit, V.N.KOURA

JUDGMENT

VENKATARAMIAH, J.:— This appeal by special leave is filed by the appellants against the judgment and order dated December 19, 1984 in Criminal Appeal No. 315 of 1978 on the file of the Calcutta High Court setting aside the judgment of acquittal passed in C-3064 of 1977 on the file of the Metropolitan Magistrate, 12th Court, Calcutta.

2. This appeal arises out of a complaint filed before the Chief Metropolitan Magistrate, Calcutta by one Manindra Narayan Choudhury, Operation Manager of the Grindlays Bank Ltd. against the twelve appellants, referred to above, for offences punishable under section 341, Indian Penal Code and section 36AD of the Banking Regulation Act, 1949 said to have been committed by them on October 31, 1977. The complaint alleged that the appellants had without reasonable cause obstructed the officers of the Bank, particularly Shri G. Vaidya from lawfully entering the premises of the branch of the Bank at 41, Chowringhee Road, Calcutta and had obstructed the transaction of normal business at the said branch. It was also alleged that they had thereby committed the offence punishable under section 147, Indian Penal Code. The prosecution further alleged that a






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