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2000 Supreme(SC) 1082

B.N.KIRPAL, D.P.MOHAPATRA
Tarun K. Shah: Padmanabh B. Joshi – Appellant
Versus
C. R. Alimchandani: Tarun K. Shah – Respondent


(1) AFTER hearing learned Counsel for the parties, we see no reason to interfere with the decision of the High Court. The special leave petition is dismissed accordingly.

(2) LEAVE granted.

(3) WE have heard learned Counsel for the parties.

(4) THE appellant herein had filed a complaint against Shri C.R. Alimchandani, Chairman and Managing Director of Stup Consultant, Shri P.B. Joshi, Principal Manager, (Finance) and Company Secretary of the said Company and Shri K. Sivaram, Joint Secretary and Manager (Finance) in the Court of Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Mumbai, being case no. 2167/ Misc./90.

(5) THE complaint which was filed alleged that the said three accused had committed offence under Sections 465 and 466 read with Section 34 of the Indian Penal Code inasmuch as they had filed a certificate in the Court in a pending proceeding between the petitioner and the Company, a document purported to have been issued by the Bombay Municipal Corporation which document was a forged one.

(6) ON the basis of the complaint which was filed, summons were issued by the Magistrate who came to the conclusion vide his o







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