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2000 Supreme(Cal) 209

Basudeva Panigrahi
Darshan Singh – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
S.S. Roy, H.P. Vyasa for the applicant;
Milan Mukherjee, Purnasish Gupta for the opposite party.

JUDGMENT

Basudeva Panigrahi, J.

The accused in complaint case No. C/221 of 1999 filed under section 138 of the Negotiable Instruments Act has filed this case under section 482 of the Code of Criminal Procedure for quashing of the criminal case mentioned before. At the time of hearing of the rule an interim stay of further proceeding of the criminal procedure was passed. Therefore, the complainant/opposite party being aggrieved by such interim order has filed an application for vacating the same.

2. The learned advocate appearing for both the parties have however, agreed that instead of taking of the vacating application, they suggested to take up the original application for quashing of the proceeding. Therefore, the matter was taken up for hearing. The complainant/opposite party was the petitioner's financier for purchasing a truck on higher purchase agreement. Accordingly he availed of the loan to purchase the truck. It was agreed by and between the parties that the petitioner shall pay higher charges in respect of the loan for 24 monthly installments to the opposite party No.2 commencing from 29th May, 1997. But however, a cheque. sent by the petitioner was bounced. Therefore, the
























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