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2023 Supreme(Jhk) 1014

ANIL KUMAR CHOUDHARY
Raj Kishore Modi, son of Jagannath Modi – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Amit Kr. Das, Advocate
For the Respondent:Mr. V.K. Vashistha, Mrs. Ritu Kumar, Mr. Chandrajit Mukherjee, Advocate

JUDGMENT :

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the FIR as well as the entire criminal proceeding arising out of Bariatu P.S. Case No.79 of 2021 involving the offence punishable under Sections 406, 420 and 120B of Indian Penal Code.

3. The brief facts of the case is that the petitioners approached the informant to invest Rs.2,00,25,000/- with promise of paying 18% compound interest but cheated and committed criminal breach of trust by not paying the said amount.

4. It is submitted by the learned counsel for the petitioners by drawing attention of this Court to the supplementary affidavit dated 18.07.2023 that out of the said Rs.2,00,25,000/-, the petitioners have already paid back Rs.1,50,00,000/- as mentioned in paragraph no.3 of the said supplementary affidavit and the same remains undisputed and after that also, the petitioners have paid Rs.15,00,000/-. Relying upon the judgment of Hon’ble Supreme Court of India in the case of Murari Lal Gupta vs. Gopi Singh reported in (2005) 13 SCC 699, paragraph no. 6 of which reads as under:-

    “6. We have perused the

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