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2008 Supreme(SC) 1441

C.K.THAKKER, D.K.JAIN
Prabha Mathur – Appellant
Versus
Pramod Aggarwal – Respondent


Advocates appeared:
For the Appellant :Dr. Rajeev Dhawan, Sr. Adv., Apoorve Karol and R.S. Suri, Advocates.
For the Respondents:S.G. Hasnain, Sr. Adv., Pramod Swarup, Sandeep Singh and Anuvrat Sharma, Advocates.

Judgment

C.K. Thakker, J. —

1. Leave granted.

2. The present appeal is directed against the Judgment and Order dated September 26, 2006 passed by the High Court of Judicature at Allahabad in Criminal Writ Petition Nos. 9952-53 of 2006. By the said Order, the High Court set aside the Order dated July 16, 2005, passed by the Special Chief Judicial Magistrate, Agra and confirmed by the Additional Sessions Judge, Agra on July 29, 2006 dismissing the complaint filed by the complainants against the accused for offences punishable under Sections 420, 467, 468, 471 read with Sections 34 and 120B, Indian Penal Code, 1860. The High Court remanded the matter to the trial Court with a direction to make further inquiry in the matter and to pass an appropriate Order in accordance with law.

3. Brief facts giving rise to the present appeal are that Pramod Kumar Aggarwal and Smt. Taruna Aggarwal, wife of Pramod Kumar Aggarwal (hereinafter referred to as ‘the complainants’) are in the business of sale and purchase of property. It was the case of the complainants that they contacted the appellants herein for purchase of the property from the appellants since appellants were having share in the property s



























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