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2013 Supreme(Raj) 372

NISHA GUPTA
Wolfgang Hatz – Appellant
Versus
State of Raj. – Respondent


Advocates Appeared
Ajit Kumar Sharma, Sr. Advocate with Sumit Lal, Piyush Nag, Vishnu Sharma and Rachit Sharma, for Petitioners;
Laxman Meena, Public Prosecutor;
Bajrang Lal Sharma, Sr. Advocate with Vikash Jain, Amol Vyas and Babulal Sharma, for Respondent No.2

Hon'ble GUPTA, J.—This Misc. Petition under Section 482 Cr.P.C. has been filed for quashing of complaint case No. 259/2012 and the order dated 30.10.2012 passed by Additional Chief Judicial Magistrate No.3, Jaipur whereby cognizance has been taken against the present petitioners for the offence under Section 384, 418, 420, 406 and 120B IPC and also order dated 10.10.2012 passed in Revision Pet. No. 105/2012 by Additional Sessions Judge No.3, Jaipur Metropolitan whereby revisional court has ordered for cognizance against the present petitioners in their absence.

2. The relevant facts of the case as contained in the petition are that a complaint has been filed by respondent No.2 alleging therein that petitioners entered into a Local Import Agreement on 8.6.2007 for supply of Porshe Cars, accessories and spare parts dealership in India. The said agreement was terminated vide notice dated 23.3.2011 on the basis of clause 13.2 of the agreement and it is also stated in the complaint that present petitioners has appointed a local dealer in violation of terms of agreement and caused wrongful loss to the respondent. The court below has declined to proceed on the complaint and it was dismisse



































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