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2023 Supreme(MP) 529

RAJENDRA KUMAR VERMA
Prasad Kori – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri Prakash Upadhyay, Advocate, for the Appellant; State By Shri Vijay Kumar Pandey, Panel Lawyer, Shri Amit Bhurrak, Advocate, for the Respondent

ORDER

1. This petition under Section 482 of Cr.P.C. is preferred for quashment of the proceeding of case No. RCT/9911636/2017 pending before the JMFC, Bhopal.

2. Applicant is a Deputy Manager of Kotak Mahindra Bank a duly constituted attorney which is a Banking Institution. On 17.05.2017 respondent No 2 lodged a written complaint against the present applicant and his vendors vide complaint No 39/17 and the same was taken as a First Information Report under section 154 of the Criminal Procedure Code on 28/06/2017. It was complained that the respondent No 2 has purchased two vehicles (Bus) bearing registration No. MP04PA2613 & MP04PA2503 with the financial assistance from the Kotak Mahindra Bank in the years 2015. The respondent No. 2 turn out to be a chronic defaulter, and even after a services of reminder and request, the respondent No. 2 did not regularize the loan accounts. due to the continuous defaulting both the loan account the public money was in jeopardy and the Applicant's Bank was becoming a losing venture and hence as a last resort invoking the clause of agreement the vehicle was restored into the possession of the Bank with due compliance of the Law but on the complaint o

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