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Bibhas Ranjan De, J
Dinesh Sherawat @ Dinesh Kumar – Appellant
Versus
The State of West Bengal – Respondent
| Table of Content |
|---|
| 1. file for quashing based on lease default. (Para 1 , 2 , 3) |
| 2. arguments about criminal liability for breach. (Para 5 , 6 , 8) |
| 3. emphasis on intent for criminal charges. (Para 11 , 12 , 19) |
| 4. concluding that no case established for cheating. (Para 20) |
| 5. final ruling to quash proceedings. (Para 24) |
1. The application under Section 482 of the Code of Criminal Procedure,1973 (for short CrPC) has been filed with a prayer for quashing of the proceeding being CS case no. 0030362/2015 under Section 418/420 of the Indian Penal Code,1860 (for short IPC ), pending before the Ld. Metropolitan Magistrate, 6th Court, Calcutta.
2. The facts of the case in brief are that the opposite party being M/s. Transafe Services Limited (formerly known as Indian Container Leasing Limited) a company incorporated under the Companies Act, 1956, filed an application under Section 200 of CrPC before the Ld. Chief Metropolitan Magistrate, Calcutta, against the petitioner/accused alleging, inter alia, that the complainant company engaged in the business of providing containers on operating lease basis. On being approached by petitioner/accused, opposite party/ company entered int
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