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2023 Supreme(Bom) 2140

M. S. KARNIK
Kashinath Pandurang – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Subhash Jha, Advocate, Shraddha Kataria, Advocate, Kunal Jadhav, Advocate, Praveena Venkatraman, Advocate, Linisha Seth, Advocate, Ritesh Kesarwani, Advocate, Sudeep Pasbola, Advocate, Ayush Pasbola, Advocate, Rickin Dang, Advocate, Anuj Singh, Advocate, Veera Shinde, Advocate

JUDGMENT/ORDER

1. By this application, the applicants who have been arraigned as accused in connection with First Information Report (FIR) No. 28 of 2023 registered with Economic Offences Wing (EOW), Unit VI, Crime Branch, Mumbai for alleged offences punishable under Ss. 406, 409, 420 read with 120-B of Indian Penal Code (IPC) claims an indefeasible right accrued in favour of the applicants under Sec. 167(2) of the Code of Criminal Procedure (hereafter "Cr.P.C.", for short) for default bail.

2. The complainant lodged FIR No. 28 of 2023 dtd. 05/07/2023 alleging as under:

    The applicant - Parth Kashinath Jadhav is the Director of M/s. Royal Agro Mart Pvt. Ltd. The complainant - M/s. K.G. Invest Company is based in Kyrgyzstan, placed an order with the applicant's company for the supply of S-30 sugar in package of 50 Kgs. PP- bags of the crop year 2021-2022 @ USD 520/- per MT which aggregates to USD 62, 400/-. The complainant remitted USD 30, 00, 000/- on or about 15/06/2022. The allegation is that the applicant's company did not export any sugar and at later point of time returned back USD 10, 00, 000/- to the first informant company on 20/09/2022. The applicants and other accused came

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