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2005 Supreme(SC) 962

B.N.SRIKRISHNA, P.VENKATARAMA REDDI
Vijaya Rao – Appellant
Versus
State Of Rajasthan – Respondent


Order

1. Leave granted.

2. It is brought to our notice by the counsel for the State that the complainant has filed an application before the trial court i.e. Additional Chief Judicial Magistrate, Sikar, Rajasthan to withdraw the complaint against the accused.

3. In this appeal we are concerned with the legality of the order taking cognizance of the offence under Section 420 IPC by the learned Chief Judicial Magistrate against the appellant (A-3). The revision to the Additional District and Sessions Judge and the petition filed under Section 482 Cr.P.C. in the High Court have been rejected on the ground of a prima facie case which was made out against the appellant, going by the complaint and the statement of the complainant.

4. We have gone through the complaint filed by Shri Maniram Sharma (R-2) in the Court of Additional Chief Judicial Magistrate, Sikar. The appellant in her capacity as the Vice-President of ICICI Ltd. had acted as a trustee on behalf of the debenture-holders of M/s. Shreyans Industries Ltd., of which Accused 1 and 2 are said to be in charge of its business activities. The Company failed to pay interest due to the complainant. The relevant allegations against the app





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