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2014 Supreme(Jhk) 700

H.C.MISHRA
Vimal Kumar Patni – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Anil Kumar Sinha, Sr. Advocate, Mr. Soumitra Baroi, Advocate
For the State: A.P.P.
For the opposite party No.2:Mr. A.K. Kashyap, Sr. Advocate

Order

Heard learned counsel for the petitioner and learned counsel for the State as also learned counsel for the complainant-informant opposite party No.2.

2. The petitioner has filed this application for quashing the FIR, being Giridih (M) P.S. Case No.59 of 2013 corresponding to G.R. No.392 of 2013, which was instituted for the offence under Section 420 of the IPC.

3. The complaint case was filed in the Court of CJM, Giridih, by the opposite party No.2, in which the petitioner has been made accused, describing him as Director of Vikash Metal and Power Ltd. In the complaint petition, it is stated that the complainant is the Director of S.S. Raisers Pvt. Ltd. and there was business transaction between the complainant's Company and the petitioner's Company. It is stated that between the year 2007 to October 2010, the complainant’s Company had supplied the iron ore to the petitioner's Company, valued at Rs.7,78,29,802/-, but when the amount was not paid, one FIR was lodged against the accused petitioner, which was registered as Town P.S. Case No.249 of 2010, for the offence under Section 406, 420/34 of the IPC. It is stated that upon lodging of the said case, the accused became ready to




















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