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2010 Supreme(SC) 521

ALTAMAS KABIR, CYRIAC JOSEPH
Central Bank of India – Appellant
Versus
Asian Global Ltd. – Respondent


Advocates appeared:
For the Petitioners:Dharmendra Kumar Sinha, Advocate For the Respondents:Ms. Manjula Gupta, Pradeep Jain, Gaurav Pachanandawith, Ashok Mathur, Ms. Renu Gupta, Sidhant Goel, Jaswinder Singh, Advocates.

Judgment :

ALTAMAS KABIR, J.

1. Special Leave Petition (Crl.) No.5093 of 2008, has been filed by the Central Bank of India against the judgment and order dated 22.8.2007 passed by the Delhi High Court in Crl. M.C. No.5167 of 2003 allowing the said petition under Section 482 Cr.P.C. filed by the Respondents and discharging them and quashing the complaint filed by the Petitioner Bank and the process issued thereupon. By the said judgment, three other petitions, being Crl. M.C. No.5161 of 2003, Crl. M.C. No.5162 of 2003 and Crl. M.C. No.2166 of 2003, were also disposed of in favour of the Respondent Nos.1 and 2, M/s Asian Global Ltd. and its Director, Mr. Rajiv Jain. Several other petitions filed by Sarla Jain, a Director of the Respondent No.1 Company, also challenging the complaint filed by the Petitioner Bank and praying for discharge therefrom and quashing thereof, were allowed by the aforesaid judgment. Consequently, the Bank has also filed SLP (Crl.) Nos.5094, 5095 and 5096 of 2008, which are also being heard along with SLP(Crl.) No.5093 of 2008.

2. The facts as disclosed indicate that in 1993 the Respondent No.1 had availed of various credit facilities from the Petitioner Bank,















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