B.H.MARLAPALLE
Athena Financial Service Ltd. – Appellant
Versus
State of Maharashtra – Respondent
1. Heard the learned counsel for the respective parties. This petition filed under Article 227 of the Constitution and Section 482 of the Code of Criminal Procedure prays for quashing and setting aside the order of issuance of process passed in Criminal Case No.1391 of 2005 by the learned Judicial Magistrate, First Class, Court No.4 at Pune and confirmed in Criminal Revision Application No.416 of 2005 by the learned Addl. Sessions Judge vide his order dated 11/10/2005. The said complaint has been filed by the present respondent no.2 - Bank for the 420, 421, 423 and 424 read with Section 34 of IPC and process was issued in respect of these offences on 1/7/2005 against six accused and this petition has been filed by accused nos.1, 2 and 3. Accused nos.4 to 6 are impleaded as nos.3 to 5. . In the year 1990 a company by the name 20th Century Kinetic Finance Ltd. was incorporated as a joint venture between 20th Century Finance Corporation Ltd. and Kinetic Engineering Ltd. Thereafter on purchase of majority shares by the Kinetic Group the name of the said Company was changed to Kinetic Fincap Ltd. Another two companies of Kinetic Group viz. Kinetic Lease & Finance Ltd. and Kinetic C
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