S.K.AGARWAL
MAHESH GUPTA – Appellant
Versus
NCT OF DELHI – Respondent
( 1 ) THIS petition is filed by the complainant under Section 439 (2), Cr. P. C. for quashing of the order dated 20. 12. 2001 passed by the Court of Shri M. L. Sawhney, Additional Sessions Judge, Delhi, granting anticipatory bail to respondent No. 2 in case FIR No. 330/2001 under Sections 420/468/471/120-B, IPC, P. S. Prashant Vihar; and the order dated 23. 3. 2002 passed by the Court of Shri S. S. Bal, Additional Sessions Judge, Delhi, dismissing the application moved by the complainant for cancellation of bail granted to respondent No. 2.
( 2 ) FACTS in brief are that on 15. 4. 2001, petitioner Mahesh Gupta lodged a complaint against four accused, i. e. (i) Rajeev Gupta, (ii) Srikishan Gupta (respondent No. 2), (iii) Indra Gupta, and (iv) Anita Gupta, who were partners in the firm M/s. National Meal Industries. Complainant has 5% share in this firm. Civil litigation between the parties arising out of partnership is pending; other partners of the firm with a view to defraud the complainant and to misappropriate funds of the partnership firm unauthorisedly opened a separate account in the name of the firm, in Punjab and Sind Bank, Azadpur Mandi Branch, Delhi which
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