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2023 Supreme(Jhk) 1383

ANIL KUMAR CHOUDHARY
Pankaj Kumar S/o Biswanath Sharma – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ajeet Kumar, Sunil Singh.
For the Respondents: Pankaj Kumar, R.S. Mazumdar, J. Mazumdar.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding in connection with Complaint Case No. 3605 of 2019 instituted for the offence punishable under Sections 406, 420, 120B, 34 of the Indian Penal Code including the order taking cognizance dated 17.02.2023 for the offence punishable under Sections 406, 420, 120 B, 34 of the Indian Penal Code which is pending in the court of learned JMFC-XXI, Ranchi.

3. The brief fact of the case is that the petitioners entered into a partnership with the accused persons and the complainant/opposite party No. 2 and the complainant/opposite party No. 2 invested Rs. 33,28,000/- but the petitioners are not refunding the money with interest and profit and subsequently returned Rs. 33,28,000/- after filing of the case.

4. Learned senior counsel for the petitioners submits that the dispute between the parties is basically a civil dispute and there is no allegation against the petitioners of having any intention to deceive the complainant since inception. Lear

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