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2016 Supreme(Pat) 1109

ASHWANI KUMAR SINGH
Anirudh Gautam – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Dayanand Singh
For the Opposite Party : Mr. Ram Sumiran Rai
For the State : Mr. Tapeshwar Sharma

JUDGMENT :

This application under Section 482 of the Code of Criminal Procedure (For short ‘CrPC’) has been filed by the petitioner for quashing the order dated 11.03.2015 passed by the learned Judicial Magistrate-1st Class, Patna in Complaint Case No. 28427 of 2014 whereby the petitioner along with two others, namely, Mohan Kumar and Deepak Dayal has been summoned to face trial for the offence punishable under Section 420 of the Indian Penal Code (For short ‘IPC’).

2. In short, the case of the complainant is that he had purchased two buses from Maurya Motors Pvt. Ltd., a commercial vehicle dealer of Tata Motors Ltd. and had paid a total amount of Rs. 44,94,000/- as consideration money. The two buses bearing Registration No. BR 04N 0661 and BR 04N 0694 were financed by Cholamandalam Investment and Finance Company Ltd. The complainant-opposite party No. 2 sent those buses for regular servicing to Maurya Motors Ltd. However, certain technical and mechanical faults were detected in those buses during warranty period and when the complainant contacted the petitioner who was the Sales Manager of Tata Motors Ltd. in this regard, he asked him to take the vehicles to Maurya Motors Ltd. for p
























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