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2024 Supreme(SC) 163

ABHAY S. OKA, UJJAL BHUYAN
Shiv Jatia – Appellant
Versus
Gian Chand Malick – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Siddharth Luthra, Sr. Adv. Mrs. B. Sunita Rao, AOR Mr. Gunmaya S Mann, Adv. Mr. Gautam Khazanchi, Adv. Mr. Subham Jain, Adv. Mr. Kushagra Raghuvanshi, Adv. Mr. Rahul Khare, Adv.
For the Respondent(s): Mr. Nikhil Jain, AOR Ms. Preeti Singh, AOR Mr. Gurmeet Singh Makker, AOR Mr. Shubham Bhalla, AOR Mr. Varun Chugh, Adv. Mr. Bhuvan Kapoor, Adv. Mr. Krishna Kant Dubey, Adv. Mr. Mukesh Kumar Maroria, AOR

JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. The appellant in Criminal Appeal no.776 of 2024 is the accused no.2 in the complaint filed by the 1st Respondent-complainant under Section 200 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.PC’) alleging the commission of offences under Sections 420, 406, 467, 468 and 472 read with Section 120B of the Indian Penal Code, 1860 (for short, ‘the IPC’) and Section 13 of the Essential Commodities Act, 1955. The appellants in Criminal Appeal no.777 of 2024 are the accused nos.1, 4 and 5 in the same Complaint. The appellants in these two appeals filed a petition under Section 482 of the Cr.PC before the High Court of Punjab and Haryana at Chandigarh for quashing the said complaint and for quashing the summoning order dated 16th July 2013 passed on the said complaint. The High Court, by the impugned judgment dated 25th August 2014, dismissed the said petition.

2. On 23rd September 2002, under the Liquified Petroleum Gas (LPG) Distributorship Agreement (for short, ‘the Distributorship Agreement’), the accused no.1 – M/s.Energy Infrastructure (India) Limited (for short, ‘the accused company’) appointed the 2nd respondent-accused no.7 (A

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