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2023 Supreme(Del) 5795

AMIT SHARMA
Yashovardhan Birla – Appellant
Versus
Kamdhenu Enterprises Limited – Respondent


Advocates appeared:
Ms. Smriti Churiwal, Advocate, Mr. Jaiveer Kant, Advocate and Mr. Hardik Khatri, Advocate, for the Appellant; Mr. Vijay Aggarwal, Advocate, Mr. Hardik Sharma, Advocate, Mr. Mukul Malik, Advocate, Mr. Pankush Goyal, Advocate, Mr. Shekhar Pathak, Advocate and Ms. Barkha Rastogi, Advocate, for the Respondent.

JUDGMENT

Amit Sharma, J. - The present applications filed on behalf of the applicant/respondent no. 1, i.e., Kamdhenu Enterprises Ltd. in CRL.MA 17894/2023 and CRL.MA 17817/2023 and M/s Jads Services Pvt. Ltd. in CRL.MA 17815/2023 (collectively referred to as 'the applicant') seek a common relief, i.e., dismissal of the captioned petitions filed by the non-applicant/petitioner, i.e., Yashovardhan Birla ('the non-applicant') on the ground of fraud and initiation of proceedings under Section 340 read with Section 195(1)(b) of the Code of Criminal Procedure, 1973 ('CrPC') against him. Vide order dated 04.11.2023, this Court had reserved orders in the interim applications, recording as under:

    "CRL.M.A. 17894/2023 (Directions) in CRL.M.C. 3778/2023

    CRL.M.A. 17815/2023 (Directions) in CRL.M.C. 3779/2023

    CRL.M.A. 17817/2023 (Directions) in CRL.M.C. 3780/2023

    1. The pleadings in the captioned petitions i.e. CRL.M.C. 3778/2023, CRL.M.C. 3779/2023 and CRL.M.C. 3780/2023 are complete and hence they were listed for hearing today.

    2. Learned counsel for the applicant/respondent no.1 in the present applications submits that the applications may be decided at the first instance before the petitions ar

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