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2008 Supreme(Mad) 1254

M.JEYAPAUL
Rajendra Kumar Gupta – Appellant
Versus
State of Tamil Nadu rep by Inspector of Police – Respondent


Advocates Appeared:
For the Petitioner:Satish Parasaran, Advocate.
For the Respondent:A. Saravanan, Govt. Advocate (Crl. Side), R. Shanmugam, Advocate.

Judgment :-

The petition is filed seeking to quash the criminal proceedings in FIR No.696 of 2007 dated 11. 2007 on the file of the respondent police.

2. The sum and substance of the first information report lodged by the de facto complainant with the respondent herein is as follows:-

The de facto complainant was one among the Directors/Partners enjoying equal right in respect of Hotel business viz., Picnic Hotels Private Limited at Poonamallee High Road, Chennai. Because of some misunderstanding between the brothers, several civil cases are pending on the file of this High Court as well as before the Company Law Board. Rajendra Kumar Gupta and Ashok Kumar Gupta, who are the brothers of the de facto complainant, joined together and created false and fraudulent documents and produced the same before the public authorities and also before the Company Law Board as if the de facto complainant had resigned from the Directorship of Picnic Hotels Private Limited when actually he had been enjoying equal share in the entire business. The above action of the two aforesaid brothers of the de facto complainant amounts to cheating.

3. On the basis of the aforesaid allegation found in the compla




















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