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SIDHESWAR NARAYAN
N. E. P. C. Micon Ltd. – Appellant
Versus
Magma Leasing Ltd. – Respondent


JUDGMENT

Sidheshwar Narayan, J. - This revisional petition being one under Section 402 of the Code of Criminal Procedure, is directed against an order dated December 10, 1997 passed by the learned Metropolitan Magistrate, 9th Court, Calcutta in Complaint Case No. C-494 of 1997 under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881, whereby the prayer of the petitioners-accused persons by discharging them under Section 258 of the Code of Criminal Procedure, was rejected on contest. The complainant-O.P. being a limited company under the Companies Act, 1956, had its registered office at 24, Part Street, Calcutta-700 016 (i.e. within the jurisdiction of Calcutta, West Bengal) and had also a Branch Office at Haddous Road, Nungambakkam, Chennai 600 034. The complainant-O.P. was a financial institution, inter alia, providing fund for Hire Purchase of machineries and other assets for business concerns. The complaint in the case was filed by the Assistant Manager (Legal, and Administration) as an authorised representative of the O.P. company. It was alleged in the complaint that the petitioner accused Nos. 2 to 8 were in-charge of management of the day-today affairs
















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