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2012 Supreme(AP) 326

K.C.BHANU
BMW India Private Limited (A1), represented by its President & Managing Director Peter Friedrich Kronschnabl – Appellant
Versus
State of A. P. , rep. , by its Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioners:B. Mayur Reddy, Advocate.
For the Respondent:R1, Public Prosecutor, R2, Diljit Singh Ahuwalia, Senior Advocate assisted by Shrireen Sethna Baria, Advocate.

Judgment :

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) seeking to quash the proceedings in crime no.94 of 2010 of Trimulgherry police station, Hyderabad.

2. The second respondent/defacto complainant lodged a complaint against the petitioners/A.1 to A.5 stating as follows.

A.1 company appointed the second respondent as its dealer in the state of Andhra Pradesh. A letter of intent was executed initially on 27.11.2005. Thereafter, dealership agreements were executed on 13.06.2007, 05.02.2008 and 05.01.2009. In addition to the above, Deferred Payment Agreement (DPA) was executed between the company, signed by A.2 and A.3, and the defacto complainant. Under the DPA, a credit line is given to a dealer by the Financial Services Division of A.1 company against which the dealer may then purchase vehicles from the Sales Division of A.1 company. The Dealer is liable for usage against the limit and therefore once set, this limit is the property of the dealer. The dealer pays back Financial Services and the limit is replenished for fresh issue. Periodic interest payments are to be made against the amounts utilized. In terms of












































































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