A.P. Subba, J. (Gangtok)

1. This Criminal Misc. Case filed under Section 482 of the Code of Criminal Procedure, 1973 is directed against the order dated 21-4-2006 passed by the learned Chief Judicial Magistrate (East and North) at Gangtok in PC Case No. 1 of 2006 taking cognizance of offences Under Sections 447/420/506/ 352/34 of the Indian Penal Code and directing issue of process against the present Petitioners.

2. As per the facts set out in the Crl. Misc. Case, the Snowlion Automobiles Ltd. (Respondent No. 1) through its Director, Mahabir Agarwal, filed a petition of complaint in the Court of the learned Chief Judicial Magistrate (East and North) at Gangtok (for short CJM) on 24-5-2005 against the Petitioners alleging, inter alia, that the Petitioner No. 2 as Agent of Lexicon Auto Limited had entered into an agreement with the Snowlion Automobiles Ltd. (Respondent No. 1), (a company registered under Sikkim Companies Act) through its Director, Mahabir Prasad Agarwal, Under this agreement, the Respondent No. 1 which owned a Tata vehicles repairing center with parking space at 5th Mile, Tadong, agreed to provide space at their repairing center for parking the new Tata vehicles of th

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