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2003 Supreme(Del) 1103

O.P.DWIVEDI
IRA JUNEJA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
MUKTA GUPTA, O.N.Vohra, P.CHAUDHURY, R.M.Bagai, S.I.MANOJ

O. P. DWIVEDI J.

( 1 ) THROUGH this petition under Article 226 of the Constitution of India read with section 482 Cr. P. C petitioners seek quashing of FIR No. 308/2001 under section 406,420,120b, IPC, P. S. Ashok Vihar, Delhi.

( 2 ) BRIEFLY stated facts leading to this petition are that on 26. 2. 97 a partnership agreement was entered into between the petitioner Smt. Ira Juneja and respondent No. 2, Ajay Fotedar to carry on the business of manufacturing and sale/ export/ import of leather goods or garments under the name and style of M/s Samsaur Impex. The petitioner already had some export orders worth Rs. 6 lac for export of leather goods to USA. Her initial contribution to the partnership was in the form of some machinery valuing about Rs. 48,000. 00. Financial contribution mainly came from the side of respondent No. 2, Ajay Fotedar, the other partner of the firm. The two partners were to share profit and losses equally. It appears that partnership business could not run smoothly. In October 1999, respondent No. 2, Ajay Fotedar, one of the partners made a complaint to the Crime Branch but no action was taken thereon. Then in May 2001 he made another complaint to the Commissione

















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