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2010 Supreme(SC) 977

D.K.JAIN, H.L.DATTU
Maharashtra State Electricity Distribution Co. Ltd. – Appellant
Versus
Datar Switchgear Ltd. – Respondent


JUDGMENT

D.K. Jain, J. —

Leave granted.

2. This appeal, by special leave, is directed against the judgment, dated 9th October 2007, delivered by the High Court of Bombay in Criminal Application No. 3715 of 2005, in a petition filed by the two appellants herein under Section 482 of the Code of Criminal Procedure, 1973 (in short “the Code”). By the impugned judgment, the High Court has declined to quash a criminal complaint filed by respondents No.1 to 3 in this appeal against the appellants and others for offences under Sections 192 and 199 read with Section 34 of the Indian Penal Code, 1860 (for short “the IPC”).

3. Shorn of unnecessary details, the facts, material for adjudication of the issue arising in this appeal may be stated thus:

Appellant No.1, viz. Maharashtra State Electricity Distribution Co. Ltd.; constituted in terms of the provisions of the Electricity Act, 2003 is the successor in interest of Maharashtra State Electricity Board (for short “MSEB”) and appellant No. 2 is its Chairman. Respondent No.1 is an incorporated company, viz. M/s Datar Switchgear Ltd. and respondents No.2 and 3, senior officials of respondent No.1, are the complainants and respondents No.4 to 7 a























































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