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1983 Supreme(Pat) 252

ABHIRAM SINGH
M. L. Biswas And Co. And Anr. – Appellant
Versus
State Of Bihar – Respondent


Judgment

Abhiram Singh, J.

1. This is an application under Sec. 482 of the Code of Criminal Procedure (hereinafter to be referred to as the Code) for quashing the entire criminal prosecution against the petitioners in Special Case No. 3/80 pending in the court of the Special Judge (C.B.I.) South Bihar, Patna.

2. The petitioners Nos. 2 and 3 are the partners of petitioner No. 1 which is a firm having business transaction with the State Bank of India, Daltonganj Branch from the very beginning of the opening of the branch in the year 1957. It is said that the petitioners bill transaction and D.D. purchase transaction with the said bank varied from Rs. 1 crore to Rs. 8 crores per year. The petitioners had Cheque facilities with the State Bank of India, Daltonganj with certain limits which is known as Demand Draft Purchase System. The petitioners used to issue self-cheques and also in favour of other persons at Calcutta Banks presented at Daltonganj and used to collect the money on the basis of the assumption of deposits of sale-proceeds at Calcutta banks. On 25.1.1980, a first information report was filed under Sections 120B, 409, 418, 468, 471 and 477A of the Indian Penal Code and unde















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