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2021 Supreme(Bom) 663

MANISH PITALE
Hasmukh Tarachand Sheth – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr.Dinesh Kumar Dubey, for the Appellant, Mr.Vikram Sutaria, Mr.J.P.Yagnik, APP, for the Respondent.

JUDGMENT

Manish Pitale, J. - Rule. Rule made returnable forthwith. With the consent of learned counsel appearing for the parties, heard finally.

2. The petitioners have approached this Court seeking quashing of the FIR registered by the Economic Offences Wing (EOW) against them under Sections 406, 409, 418, 420, 465, 467, 468, 471, 474 r/w 120-B of the Indian Penal Code (hereinafter referred to as, "the IPC"). Respondent No.2 is the complainant at whose behest, the FIR stood registered.

3. Respondent No.2 submitted a complaint on 15th June, 2016, leading to registration of an FIR, claiming that he had entered into a transaction with the company of the petitioners for supply of paper and the company of the petitioners manufactures packing material for Gutka products. It was the case of respondent No.2 that while some payments were made for supply of papers, an amount of Rs.7,17,09,029/- remained unpaid. Cheques were issued on behalf of the company, but the same were bounced. When the cases were filed under the provisions of the Negotiable Instruments Act, 1881 (hereinafter referred to a

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