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2015 Supreme(Bom) 1263

V.L.ACHLIYA
Gaurav Vijay Bhatia – Appellant
Versus
Ramnath P. Subramaniam – Respondent


Advocates:
Advocate Appeared:
Mr. Manoj S. Mohite, Advocate i/b Mr. Amol J. Phoujdar, Advocate for the applicant
Mrs. A.A. Mane, APP for respondent/State

Judgment

Rule. Rule made returnable forthwith. By consent, taken up for final disposal at the stage of admission.

2. The applicant/accused No. 3 in the complaint has filed this application u/s 482 of Code of Criminal Procedure (Cr.P.C.) to set aside the order of issuance of process dt. 12/08/2013 passed in Criminal Complaint Case No. 2917/SS/2013, by Metropolitan Magistrate, 7th Court at Dadar, Mumbai and further to quash the said criminal proceedings to the extent of applicant.

3. Few facts leading to filing of the present application are as under :

The complainant (respondent No. 1) herein filed criminal complaint u/s 138 r/w 141 of the Negotiable Instruments Act, 1881 (in short “NI Act”) as against accused No. 1–Managing Director of M/s. Tricom India Limited and three others, which include the present applicant as Director of accused No. 4–Company. In the complaint filed, the complainant has alleged that in discharge of liabilities of legitimate dues on account of part payment towards full and final payment of I.C.D. (Inter Corporate Deposit) Loan/re-payment of the loan by the






































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