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2013 Supreme(SC) 905

B.S.CHAUHAN, S.A.BOBDE
VINOD RAGHUVANSHI – Appellant
Versus
AJAY ARORA – Respondent


Judgment :

B.S. CHAUHAN, J.-

1. This criminal appeal has been preferred against the impugned judgment and order dated 11-11-2008 passed by the High Court of Madhya Pradesh at Jabalpur in Misc. Cri. Case No. 5521 of 2008 dismissing the application of the appellant filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) by which the appellant had sought quashing of a complaint under Sections 420 and 120-B of the Penal Code, 1860 (hereinafter referred to as “IPC”) filed by Respondent 1.

2. The facts and circumstances giving rise to this appeal are that on 27-2-2002 a partnership firm in the name and style of “M/s. Ashok Traders” (hereinafter referred to as “the firm”) was constituted and a partnership deed was executed on the same date with the intention to carry on business of liquor. The firm consisted of seven partners.

3. The said partnership firm was reconstituted and a deed dated 5-3-2002 was executed inducting among others Respondent 1, namely, Shri Ajay Arora as a partner of the firm and the said firm now consisted of twelve partners. As per Clause 10 contained in the deed, the partnership firm was to be terminated on 31-3-2003.

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