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2015 Supreme(Pat) 1051

ASHWANI KUMAR SINGH
P. K. Dam @ Pradeep Kumar Dam – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vinay Mistry, Advocate
For the Opposite Party No.2:Mr. Pranav Kumar, Advocate

JUDGMENT :

The present application under Section 482 of the Code of Criminal Procedure (For short ‘the Cr. P.C.’) has been filed for quashing of the order issuing process dated 01.12.2014 passed by the court of learned Sub-Divisional Judicial Magistrate, Gaya in Complaint Case No. 07 of 2014/402/2014 after finding a prima facie case to be made out against the sole petitioner under Sections 323, 420 and 504 of the Indian Penal Code.

2. The facts of the case in brief are that a complaint case was lodged in the court of Chief Judicial Magistrate, Gaya alleging therein that the complainant had purchased a compressor on 30.10.2012 from the four accused persons viz., the petitioner, M/s Jaikar Tehno Pvt. Ltd, M/s P.S. Enterprises, M/s ELGI Equipments Ltd. and M/s. CUMMINS Engine after taking loan of Rs. 17, 80,000/-. It is stated that the compressor was commissioned on 20.11.2012 and the engine thereof was commissioned on 19.12.2012. It has been alleged that after a few days of purchase, the compressor of engine mal-functioned the complainant informed the M/s ELGI Equipments and M/s CUMMINS Engine with regard to non-functioning of compressor and engine. The engineers visited site several t
























































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