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2004 Supreme(Bom) 1485

K.J.ROHEE
Dinesh Bhanurao Dhone – Appellant
Versus
State of Maharashtra & another – Respondent


JUDGMENT - ROHEE K.J., J. : - Heard.

2. Admit. Heard finally at this stage by consent of the parties.

3. By this application under section 482 of the Code of Criminal Procedure the applicant seeks to quash the first information report as well as charge-sheet filed against him on the basis of which Criminal Case No. 237/2003 under sections 406, 408, 468 and 471 of I.P.C. is pending against him.

3-A. It appears that the applicant obtained readymade clothes from the shop of the complainant/respondent No. 2 for selling the same. It is alleged that the applicant produced fake bills and utilised the amount of Rs. 30,000/- and odd for his own use. On the basis of the report lodged by respondent No. 2 offences punishable under sections 406, 408, 468 and 471 of I.P.C. were registered against the applicant. After completion of investigation charge-sheet is filed against him before the Judicial Magistrate, First Class, Court No. 2, Nagpur on 30-12-2003.

4. During the pendency of the prosecution it appears that the matter was compounded between the applicant and respondent No. 2. A memorandum of understanding was also executed by them on 28-10-2004. Since the offences punishable under sections 468




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