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2007 Supreme(Cal) 442

PARTHA SAKHA DATTA
PALASH CHATTERJEE – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
D.ROY, MILON BANERJI, R.S.CHATTERJEE, RAJESH MEHTA, S.Ganguly

( 1 ) BY this application under section 482 of the Cr. P. C. prayer is made for quashing of the proceedings of Barangar ps Case No. 136, dated 6-7-2005 under Section 403/415/420 of the IPC pending before the Court of learned Additional Chief judicial Magistrate, Barrackpore on the ground of no disclosure of commission of offence through the FIR.

( 2 ) THE opposite party No. 2 herein lodged an FIR on 6-7-2005 against the present petitioner, the Manager of Kotak Mahindra bank Ltd. along with some others i. e. Anup garula, Director of the said company, Pinaki kanji, an officer of the said company and one Surendra Khanna, Additional Director of the said company under Section 403 / 415/420 of the IPC alleging the following :-The complainant (O. P. No. 2) purchased a medium goods vehicle of Eicher at the price of Rs. 5,05,000/- pursuant to execution by her of a hire purchase agreement with M/s. Kotak Mahindra Finance Ltd. which financed a sum of Rs. 4,35,000/- on condition that the opposite party No. 2 would pay the financed sum in thirty five equated instalments of Rs. 16,713/ -. A sum of Rs. 3,25,905. 05 was paid by the opposite party no. 2 in favour of the company in monthly instalme


















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