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2017 Supreme(Pat) 411

NILU AGRAWAL
Krishna Choudhary – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : Purushottam Jha and Vikash Kr. Jha
For the Respondent: Murli Dhar

JUDGMENT :

Nilu Agrawal, J.

1. Heard learned counsel for the petitioner and learned APP for the State. In spite of notice and in spite of opposite party No. 2 having appeared through Vakalatnama, he has chosen not to appear on earlier dates i.e. on 3.5.2017 and thereafter on 10.5.2017, hence, the present application is being heard on merits. This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C.) has been filed for quashing of order dated 29.3.2011, passed by learned Judicial Magistrate, 1st Class, Khagaria in Complaint Case No. 307(C)/2008 filed by opposite party No. 2 whereby and whereunder cognizance for offence punishable under Section 504 of the Indian Penal Code has been taken while issuing summons, with further prayer for quashing of the entire proceedings arising out of the said complaint case.

2. In short, the facts of the case is that opposite party No. 2 took loan of Rs. 15,13,676/- from the District Central Cooperative Bank Ltd., Khagaria in the year 1995 with interest @ 17% per annum and on failure to repay the said loan amount the Bank filed Certificate Case Nos. 1/2001-02 and 2/2001-02 in the Court of Certificate Off














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