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2017 Supreme(Pat) 639

MOHIT KUMAR SHAH
Rajeev Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Amresh Kumar Sinha.
For the OP No. 1 : Dr. Indiwar Kumari.
For the OP No. 2 : M/s Satish Chandra Mishra, Nurul Haque.

MOHIT KUMAR SHAH, J.:–The present matter arises out of a Complaint bearing Complaint Case No.1631 of 2011 filed by the Opposite Party No.2 before the learned Chief Judicial Magistrate, Banka, inter alia, alleging therein that the Complainant (Opposite Party No.2) received a legal notice on 18.07.2011 from an Advocate of the Patna High Court, wherein it was stated that the complainant had got a tractor financed from Bhagalpur Branch of Magma Fincorp Limited, as such the Opposite Party No.2 should pay the monthly instalment, failing which appropriate legal action would be taken. It has been further alleged that the Opposite Party No.2 had replied to the said legal notice, but again he received another legal notice, whereafter the Opposite Party No.2 started collecting information with regard to the actual facts. During the course of enquiry by the Opposite Party No.2, he is said to have gone to the office of the said company and met the Branch Manager and the Field Officer of the said Company at Bhagalpur where the said persons had abused him. It has also been alleged that during the course of enquiry by the Opposite Party No.2, it transpired that the vehicle has been taken by the ac


































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