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2008 Supreme(SC) 1336

C.K.THAKKER, D.K.JAIN
Fakhruddin Ahmad – Appellant
Versus
State of Uttaranchal – Respondent


Advocates appeared:
For the Appellant :Salman Khurshid, Sr. Adv., Imtiaz Ahmed and Ms. Naghma Imtiaz (for M/s. Equity Lex Associates), Advocates.
For the Respondents:Satyajit A. Desai, Amol N. Suryawanshi, Ms. Anagha S. Desai, A.P. Sahay and J.K. Bhatia, Advocates.

Judgment

D.K. Jain, J. —

1.Leave granted.

2.This appeal, by special leave, arises from the Order dated 21st June, 2006 passed by the High Court of Uttaranchal in Criminal Misc. Application No.434 of 2006. By the impugned Order, the High Court has dismissed the petition preferred by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘the Code’), seeking quashing of the chargesheet dated 16th December, 2005 and consequent proceedings initiated against him by respondent No.2 in this appeal, hereinafter referred to as the complainant, for allegedly committing offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (for short ‘the I.P.C.’).

3.A few material facts giving rise to the present appeal are :

The appellant owns a poultry farm. According to the appellant, he used to supply chickens to the complainant and his partner on cash and credit basis. On 15th June, 2005, the complainant is stated to have issued a cheque in the sum of Rs.8,65,000/- drawn on Union Bank of India in favour of the appellant against the balance payment due. When the cheque was presented for payment, it was returned unpaid by the Bank with the remarks ‘




























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