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2022 Supreme(Bom) 914

MANISH PITALE, VALMIKI SA MENEZES
Manish S/o Shyamsundar Batra – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.S. Sitani.
For the Respondents: A.S. Fulzele, H.R. Gadhia.

JUDGMENT :

MANISH PITALE, J.

1. Admit. Heard finally with the consent of the learned counsel appearing for the rival parties.

2. The applicant is seeking to invoke inherent power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), for quashing First Information Report (FIR) No. 80/2022, dated 11.02.2022, registered at Police Station Lakadganj, Nagpur, for offence under Section 420 of the Indian Penal Code, 1860 (IPC). The aforesaid FIR stood registered in pursuance of order dated 07.12.2021, passed by the Judicial Magistrate First Class (JMFC) Nagpur, on an application filed by the non-applicant No. 2 under Section 156(3) of the Cr.P.C.

3. The grievance of non-applicant No. 2 was that the applicant, having projected himself as a reputed, trustworthy and creditworthy party, being proprietor of a proprietary concern M/s. S.B. Traders, had approached the non-applicant No. 2, proprietor of M/s. Mittal Energies of India, for purchase of coal. It was agreed between the parties that non-applicant No. 2 would supply coal to the applicant and raise invoices for which the credit period would be 15 days from the date of the invoice. According to the non-applicant No

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