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2023 Supreme(Bom) 1975

M. S. SONAK, B. P. DESHPANDE
Marina Resorts Pvt. Ltd – Appellant
Versus
Officer-In-Charge/police Inspector – Respondent


Advocates appeared:
Sachin Desai, Advocate, Prachi Sawant, Advocate, A.D.Bhobe, Advocate, A.Fernandes, Advocate, Nikhil Vaze, Advocate, V.Braganza, Advocate, Vilas Pavithran, Advocate

JUDGMENT/ORDER

BHARAT P. DESHPANDE, J. - Both these petitions are taken together as the Petitioners are challenging FIR bearing crime no. 74/2023 registered by the Porvorim Police Station against them for the offences punishable under Ss. 403, 406, 409, 420 r/w 341 of Indian Penal Code, on a complaint lodged by the Informant/Antonio Trinadad, Respondent No. 2 in both the petitions. The Petitioners in both these matters are the accused.

2. Rule. The rule is made returnable forthwith. Heard with consent for final disposal.

3. Criminal Writ Petition No. 104/2023 is filed by the Petitioner through its Director Mr. Rishi Dandona. The FIR vide crime no. 74/2023 was registered on 3/7/2023, on the directions from the Superintendent of Police, North Goa, Porvorim.

4. It is the case of the Petitioner that the Petitioner executed an agreement with Respondent No. 2 and 3 on 23/11/1994 for the purpose of transfer of 4, 51, 000 equity shares of the Petitioner for a total sum of Rs.4, 01, 00, 000.00 (Rupees Four Crores One Lakhs only) of which an amount of Rs.10, 00, 000.00 (Rupees Ten Lakhs only) was paid at the time of execution of agreement by Respondent No. 3 and a sum of Rs.3, 91, 00, 000.00

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