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2024 Supreme(Online)(CAL) 4494

IN THE HIGH COURT AT CALCUTTA
Ajay Kumar Gupta, J
RAHUL TANTIA & ANR. – Appellant
Versus
M/S GARG BROTHERS PVT. LTD. – Respondent


Advocates appeared:
For the Petitioners: Mr. Ayan Bhattacharya, Adv.
Mr. Arpit Choudhury, Adv.

Judgment on :

Ajay Kumar Gupta, J:

1. Petitioners have filed this Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the proceeding of Case No. CN/16012/2017 under Sections 406/409/420/506(II)/120B/34 of the Indian Penal Code, 1860 pending before the Court of the Learned Metropolitan Magistrate, 19 th Court at Calcutta (T.R. 1660 of 2017).

2. The factual matrix of the instant case leading to filing of this Criminal Revisional application is as under:

2a. The Opposite Party herein had lodged a petition of complaint against three accused persons including the Petitioners herein before the Court of the Learned Additional Chief Metropolitan Magistrate at Calcutta alleging, inter alia , that in the 1 st week of June 2012, the Petitioners approached the Opposite Party and sought for financial help after representing them as Directors of M/s. Tantia Agrochemicals Pvt. Ltd. and as the company suffering from financial crisis. To meet the same, they needed financial accommodation of Rs. 3 Crores. It was also agreed to pay the amount of such economic assistance in due course.

2b. On 12.06.2012, the complainant company extended such loan ac









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