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2022 Supreme(Chh) 236

NARENDRA KUMAR VYAS
Texmaco Rail And Engineering Ltd. – Appellant
Versus
State Of Chhattisgarh – Respondent


Advocate Appeared:
For the Appellant :Mr. Mahesh Jethmalani Sr. Advocate along with Ms. Monika Thakur, Mr. Harshmander Rastogi, Mr. Arshdeep S. Khurana, Mr. Tanvi Sharma, Mr. Ankur Chawla, Mr. Aamir Khan and Mr. Mugda Pandey, Advocates.
For the Respondents:Mr. Sandeep Dubey, Dy. Advocate State General and Mr. Avinash K. Mishra, Govt. Advocate, Mr. Kishore Bhaduri, Sr. Advocate along with Dr. Farukh Khan & Mr. Pankaj Singh, Advocates.

ORDER :

1. The petitioners have preferred the instant Writ Petition (Cr.) under Article 226 of the Constitution of India, challenging the registration of First Information Report bearing No. 359 of 2021 (Annexure P/1) lodged by respondent No.4 who is the Managing Director of Simplex Casting Limited at Police Station Supela, District Durg (CG) against the petitioners for the offence punishable under Sections 406, 420 read with Section 34 of IPC.

2. The brief facts as reflected from the writ petition are that the petitioner No.1 is a Chairman of the Adventz Group and other petitioners are the Senior Executives of the Company. There was a business transfer agreement (for short, “BTA”) between the petitioners’ company and Simplex Casting Limited which was filed as Annexure P/2 along with the writ petition. BTA has various clauses which provide the manner, procedure to be followed for execution of BTA, purchase and its consideration. Clause 3 of BTA provides purchase consideration which reads as under:-

    3.1 The consideration for the sale and transfer of the undertaking as a going concern basis shall be a lump sum amount of INR 57,50,00,000 (Indian Rupees Fifty seven crore and fifty lakh on

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