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2016 Supreme(Pat) 114

ASHWANI KUMAR SINGH
Padam Chand Garg – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant :Mr. Chittaranjan Sinha, Sr. Advocate
For the Respondent: Mr. Murlidhar, APP
For the O P. No. 2 :Mr. Yogesh Chandra Verma, Sr. Advocate

JUDGMENT :

Heard Mr. Chittaranjan Sinha, learned Senior Counsel for the petitioners and Mr. Yogesh Chandra Verma, learned Senior Counsel for the Opposite Party No.2 (hereinafter referred to “the Complainant”) and Mr. Murlidhar, learned Additional Public Prosecutor for the State.

2. By way of the present application preferred under Section 482 of the Code of Criminal Procedure (for short CrPC), the petitioners have sought for quashing of the order dated 16th July, 2015 passed by the learned Judicial Magistrate 1st Class, Patna in Complaint Case No. 2025(C) of 2015, whereby the learned Magistrate has summoned the petitioners for attendance for exercise of powers conferred under Section 204 of the CrPC for facing trial under Sections 468, 471 and 120-B of the Indian Penal Code (for short IPC).

3. The case of the Complainant as stated in the complaint is that the petitioners are respectively the Chairman and Managing Director of P.C. Jewellers Limited (for short the Company). On 27th July, 2014, the Company opened a new showroom in Patna and on 29th July, 2014, the Complainant ordered for a gold chain valuing Rs.74,999/- to the Company showroom. In order to make payment, the Complainant s




















































































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