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2008 Supreme(Del) 134

S.MURALIDHAR
ASHOK SIKKA – Appellant
Versus
STATE – Respondent


Advocates appeared
Through Mr. Sidharth Luthra, Sr. Advocate with Ms. Smriti Sinha, Advocate.
Through Mr.Pawan Behl, APP with SI Rakesh, EOW. and .

Judgment

S. MURALIDHAR, J.

1. These petitions under Sections 482 CrPC seek the quashing of FIR No. 972 of 1998 registered at Police Station Connaught Place under Sections 406/409/420/120B IPC and the criminal proceedings emanating therefrom.

2. The FIR in question narrates that a complaint was received from one Dr. Rakesh Oberoi seeking appropriate action against K.M. Capital Limited (the Company) and its Managing Director Shri Kuldeep Mansukhani. The complaint was that the Company had failed to repay fixed deposits made by the complainant and others with it on maturity. The cheques issued by the said company for repayment of the deposits were dishonoured upon presentation to the bank for payment.

3. The investigation by the police resulted in the filing of a chargesheet on 20th April 2000. The specific averments in the chargesheet relevant for the present petitions, filed by three of the persons who are stated to have been Directors of the Company, read as under: During the course of investigation, the complaints of the investors of K.M. Capital Limited continued to pour in the Economic Offences Wing of Crime Branch. From the scrutiny of 39 complaints received so far, it has been r














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