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2023 Supreme(Pat) 1011

ANIL KUMAR SINHA
Nilesh Singh Solankee – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Puneet Siddhartha, Amit Kumar Singh.
For the State : M/s Shiv Shankar Prasad, Md. Irshad, AC to SC 1.

Anil Kumar Sinha, J. – The petitioner has filed the present writ application for quashing of the First Information Report, bearing Civil Line Police Station Case No. 226 of 2020, Gaya, registered for the offences punishable under Sections 406, 420 and 34 of the Indian Penal Code and further by way of amendment, the petitioner has prayed for quashing of the order taking cognizance, dated 02.03.2023.

2. The petitioner no. 1 was engaged in the construction business, who entered into a sub-contract agreement with one developer, namely, Akarshan Infra Developers Pvt Ltd, for construction of stilt plus eight floor multi-storied residential quarters for Bokaro Steel Officer's Housing Co-operative Society Limited. The respondent no. 2/informant entered into an investment agreement with the petitioner no. 1 in order to earn profit, according to which respondent no. 2 had to invest a sum of Rupees two crores in two months, but he invested only Rs. Eighty five lakhs and that too in thirteen months. The investment agreement failed, however, the petitioner no. 1in order to return the amount of Rupees eighty five lakhs to respondent no. 2 along with interest at the rate of 9 per cent per annum, a

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