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2017 Supreme(Jhk) 955

RONGON MUKHOPADHYAY
Prem Sao @ Prem – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Bharat Kumar
For the Opposite Parties : Mr. Mukesh Kumar, Mr. Rajesh Kumar Mishra, Mr. Ram Lakhan Yadav

ORDER :

1. Both the matters are being heard and disposed of together since the same arises out of Complaint Case No. 121 of 2015.

2. Heard Mr. Bharat Kumar, learned counsel appearing for the petitioners, learned APP appearing for the State and Mr. Ram Lakhan Yadav, learned counsel for the opposite party No. 2.

3. In this application, the petitioners have prayed for quashing the entire criminal proceedings in connection with Complaint Case No. 121 of 2015 including the order dated 13.04.2015 passed by learned Chief Judicial Magistrate, Koderma, whereby and whereunder, cognizance has taken for the offences punishable u/s 323, 341 and 379 of the Indian Penal Code (IPC).

4. It has been submitted by learned counsel for the petitioners that no criminal case is made out against the petitioners who are the officials of SREI Equipment Finance Ltd. It has further been submitted the entire dispute is with respect to non fulfillment of the terms and conditions of hire purchase agreement relating to Pokelaine machine. Since the opposite party No. 2 failed to make payment of installments, after following due process the said machine was repossessed by the financier company and subsequently the same














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