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2007 Supreme(Bom) 1650

D.G.KARNIK
Krishnakumar G. Kalra – Appellant
Versus
Sr. Inspector of Police, Pydhonie P. stn – Respondent


Advocates appeared
Mr. Shirish Gupte, Sr. Counsel with Mr. H.K. Prem for the petitioners
Mr. U.V. Nikam APP for the State
Mr. J.L. Faujdar for respondent no.3

JUDGEMENT :-

1. This Revision Petition is directed against the judgement and order dated 6th August 1998 passed by the learned Addl. Sessions Judge, Greater Mumbai allowing the Criminal Revision filed by Pramod Gupta (respondent no.3 herein) and thereby quashing and setting aside the order dated 18th December 1996 passed by the Addl. Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Mumbai discharging the petitioners.

2. The facts necessary for consideration of the Revision Petition in brief are as follows :-

. Petitioner no.1 and 2 are father and son. The petitioner no.1 is carrying on business as a broker in steel items, in Mumbai for more than 40 years and the petitioner no.2 helps him therein. Sometime in the first week of December 1989, the petitioners approached one Mr.Kasturilal Gupta (father of respondent no.3) with a business proposal to sell steel stated to have been imported by M/s.Alpine Industries. They offered 100 tonnes of imported cold rolled steel sheets at the rate of Rs.17 per kg. They told him that out of the total price of Rs.17 lakhs Rs.7 lakhs be paid as advance and balance Rs.10 lakhs be paid at the time of delivery. Belie













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