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2022 Supreme(SC) 186

DINESH MAHESHWARI, VIKRAM NATH
Amritlal – Appellant
Versus
Shantilal Soni – Respondent


Advocates appeared:
For the Petitioner(s):Arjun Garg, Aakash Nandolia, Advocates
For the Respondent(s):Divyakant Lahoti, Parikshit Ahuja, Praveena Bisht, Madhur Jhavar, Vindhya Mehra, Kartik Lahoti, Shivangi Malhotra, Mukul Singh, DAG Sunny Choudhary, Ramesh Thakur, Harsh Parashar, Advocates

JUDGMENT :

Dinesh Maheshwari, J.

Leave granted.

1. The order under challenge in the present appeal is dated 06.03.2019, as passed by the High Court of Madhya Pradesh, Bench at Indore in Miscellaneous Criminal Case No. 26287 of 2018.

2. By the order impugned, the High Court has, in exercise of its powers under Sections 482 of the Criminal Procedure Code, 19731[‘CrPC’ for short.], set aside the order dated 20.02.2018 passed by the Court of Additional Sessions Judge, Khachrod, District Ujjain in Criminal Revision No. 181 of 2017 as also the order dated 17.08.2017 passed by the Judicial Magistrate First Class, Khachrod, District Ujjain in Criminal Case No. 619 of 2012; and has quashed the proceedings in the said Criminal Case No. 619 of 2012 for the offences punishable under Section 406 read with Section 34 and Section 120-B of the Indian Penal Code, 18602[‘IPC’ for short.].

3. Shorn of unnecessary details, the relevant background aspects of the matter are that on 10.07.2012, the present appellant filed a written complaint to the Superintendent of Police, Khachrod while claiming that he had entrusted 33.139 Kg of silver to the respondent; and on 04.10.2009, on the demand being made, the res

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