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2024 Supreme(Raj) 676

ANIL KUMAR UPMAN
Simara Foods Pvt. Ltd, Through Its Director Praveen Satpal Jain, S/o. Shri Satpal Jain – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kapil Gupta with Mr. Ajay Gadhwal, Mr. R.S. Sinsinwar, Mr. Chitransh Saxena, Mr. Vipul Ojha, Ms. Anisha Yadav, Ms. Nidhi Sharma, Mr. Dharmendra Bairwa, Mr. Adarsh Singhal.
For the Respondent: Mr. Mahendra Meena, PP, Mr. Hemant Nahta with Mr. Naresh Sharma.

JUDGMENT :

Anil Kumar Upman, J.

1. This misc. petition under Section 482 Cr.P.C. has been preferred on behalf of the accused petitioner seeking quashing of the FIR No.239/2022 registered at Police Station Banipark, Jaipur (West) for offences under Sections 409, 420, 468, 471 and 120B IPC.

2. Brief facts in a nutshell are that the complainant-respondent No.2, submitted a complaint under Section 156 (3) Cr.P.C. before the Metropolitan Magistrate No.7, Jaipur Metro-II alleging inter alia that the petitioner induced him into delivering material against advanced payment by raising proforma invoices. It is alleged in the complaint that he paid advance amount but neither the petitioner supplied the material nor returned the advance amount to him. The complainant also alleged in the complaint that the petitioner made fraudulent entries in the books of accounts and usurped his money. The learned trial court sent the matter to the Police Station Banipark Jaipur for investigation whereupon the impugned FIR No.239/2022 came to be registered against the accused petitioner for offences under Sections 409, 420, 468, 471 and 120B IPC.

3. Learned counsel for the accused petitioner contends that the imp

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