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2022 Supreme(Jhk) 1331

SANJAY KUMAR DWIVEDI
Ameesha Patel Productions – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: R.S. Mazumdar, Nishant Roy.
For the Respondents: Nehala Sharmin, G.K. Sinha.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. R.S. Mazumdar, learned senior counsel appearing for the petitioners, Ms Nehala Sharmin, learned A.P.P. for the State and Mr. G.K. Sinha, learned counsel appearing for the O.P. No. 2.

2. This criminal miscellaneous petition has been filed for quashing and setting aside the order dated 16.05.2019, passed by the 1st learned Judicial Magistrate, Class, Ranchi, in connection with Complaint Case No. 4724 of 2018, whereby cognizance has been taken against the petitioners, for the offences under Sections 406, 420, 34 of the Indian Penal Code and Section 138 of Negotiable Instruments Act [hereinafter referred to “NI Act”] pending in the Court of learned Judicial Magistrate, 1st Class, Ranchi.

3. The O.P. No. 2 filed a complaint stating therein that the O.P. No. 2 and petitioner No. 1 entered into a Term Sheet dated 22.01.2018.

As per Term Sheet, O.P. No. 2 agreed to invest a sum of Rs. 2,50,00,000/- (rupees two crores and fifty lakhs only) for production of cinematograph film titled “Desi Magic” produced by petitioner No. 1. O.P. N. 2 contributed his investment in accordance with Term Sheet.

The opposite party’s investment was to be repaid within s

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