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1998 Supreme(Pat) 585

NARAYAN ROY
Ishwar Chandra – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned Counsel for the petitioners and also learned Counsel for the complainant opposite party No. 2.

2. By this application under Sec. 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing the entire criminal prosecution launched against them under Secs. 406 and 420 of the Indian Penal Code including the order-taking cognizance dated 12-7-1993 in Complaint Case No- 732 (C) 92171/93.

3. Learned Counsel appearing on behalf of the petitioners submitted that even on the face of the complaint petition it would appear that there was an agreement entered into in between the parties on 13-10-1984 and pursuant to the agreement, the vehicle in question was handed over to the complainant on hire purchase and therefore it manifestly makes it clear that it is a case of civil liability and the petitioners cannot be held liable for criminal charges. Learned Counsel further submitted that before filing of the complaint petition, the opposite party No.2 had filed another complaint petition which was sent to the police for institution of a case and the first information report was duly instituted and the police after due investigation submitted final repo


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