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1998 Supreme(Bom) 622

T.K.CHANDRASHEKHARA DAS
C. R. Alimchandani and others – Appellant
Versus
T. K. Shah and another – Respondent


JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---This writ petition arises out of complaint filed by respondent No. 1 against petitioners before the Addl. Chief Metropolitan Magistrate, 37th Court, at Esplanade, Bombay bearing Case No. 2167/S/1990 in which it is alleged that the petitioner had committed offence under sections 465 and 466 read with section 34 of I.P.C. The learned Counsel for the petitioner Mr. Vasni submits that no offence has been disclosed in the complaint and therefore Magistrate ought not to have issued process against the petitioner. In order to appreciate this argument, I have to refer to Para 2 and 3 of the complaint which reads as under

"2. Accused No. 1 is the Chairman and Managing Director, and is in overall control of the affairs of said M/s. Stup Consultants Ltd.. Accused No. 2 is the Principal Manager, Finance and Company Secretary and Accused No. 3 is the Joint Secretary and Manager (Finance) all of Stup Consultants Ltd. having their registered office at Bombay. All the accused in furtherance of the common intention have committed forgery and forged a document viz.. Inspection Extract in respect of A Ward No. 1316 (2-2A) 888-12, General Jagannathrao B. Road














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