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2023 Supreme(SC) 933

D. Y. CHANDRACHUD, J B PARDIWALA, MANOJ MISRA
Dhanraj N Asawani – Appellant
Versus
Amarjeetsingh Mohindersingh Basi – Respondent


JUDGMENT

Dr. Dhananjaya Y Chandrachud, CJI.

Leave granted.

2. This appeal arises from a judgment dated 16 November 2021 of a Division Bench of the High Court of Judicature at Bombay by which it has quashed FIR No 806 of 2019 lodged by the appellant for offences punishable under Sections 420, 406, 409, 465, 467, 468 and 471 read with Section 34 of the Indian Penal Code["IPC"] at Police Station Pimpri, Chinchwad.

3. The first respondent was the Chief Executive Officer of Seva Vikas Co-operative Bank, registered under the provisions of the Maharashtra Co-operative Societies Act 1960["1960 Act"]. The second respondent is the former Chairperson of the bank. Several complaints were lodged by individuals, members, shareholders, and depositors of the bank against the management alleging acts of cheating and misappropriation of funds. On the basis of the complaints, the Economic Offences Wing["EOW"] at Pimpri-Chinchwad registered an FIR and conducted investigations in January 2019 and thereafter. FIR Nos. 235 and 241 of 2019 were registered at the behest of the bank for offences punishable under Sections 406 and 420 read with Section 34 of the IPC. During the course of the investigation, the EO

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