Dinesh Sharma vs Emgee Cables And Communication Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 717

BELA M. TRIVEDI, PRASANNA B. VARALE
Dinesh Sharma – Appellant
Versus
Emgee Cables And Communication Ltd. – Respondent

Advocates appeared:
For the Petitioner(s): Krishnamohan K., AOR Ms. Dania Nayyar, Adv.
For the Respondent(s): Ms. Sansriti Pathak, AAG Mr. Milind Kumar, AOR Mr. Shekhar Prit Jha, AOR Ms. Preeti Kumari, Adv.

JUDGMENT

PRASANNA B. VARALE, J.

1. Leave granted.

2. The appellant (Original Complainant) by way of these appeals has challenged the common judgment and order dated 31.01.2023 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur, in SB Criminal Miscellaneous (Petition) No. 6995/2018 connected with S.B. Criminal Miscellaneous (Petition) No. 7689/2018, whereby the High Court quashed and set aside the First Information Report No. 218/2018 dated 04.04.2018 under Section 420, 406 and 120B of Indian Penal Code, 1860 (hereinafter ‘IPC’) filed by the appellant seeking investigation against alleged dishonest and fraudulent acts of Respondent No. 1/Company and its concerned Directors/Decision makers including Respondent No. 2.

FACTS:

3. One Dinesh Sharma (hereinafter referred as ‘Appellant’) was the authorised representative of the Company M/s BLS Polymers Ltd. According to the case of the appellant, the abovementioned company was engaged in the business of manufacturing and supplying plastic compounds such as PE, PVC, XLPE, HFFR etc used in making of wires and cables. EMGEE Cables and Communications limited (hereinafter referred as ‘Respondent No. 1’) was the Company engaged in