1. The petitioners seek quashing of the criminal complaint case No.161/1/2010 of 2009 titled as M/s. G.D. Foods Manufacturing (I) Pvt. Ltd. Vs. Kotak Mahindra Bank Ltd. & Ors., inter alia, on the grounds that a perusal of the complaint would show that only a civil dispute was made out. The allegations in the complaint do not make out the ingredients of offence punishable under Section 420 IPC. The learned Trial Court committed grave error in permitting the complainant to place on record selectively only one page of the Master Facility Agreement (MFA). The complete MFA would have given the contours of the entire transaction between the parties. The Trial Court also failed to appreciate the mandate of Section 202 Cr.P.C. and without conducting an enquiry issued summons despite the fact that the petitioners in Crl.M.C.3427/2011, Crl.M.C.3538/2011 and Crl.M.C.3540/2011 are residents beyond the territorial jurisdiction of the Trial Court.
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