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2011 Supreme(All) 2357

S.C.AGARWAL
GUN NIDHI DALMIA – Appellant
Versus
ARUP KUMAR DUA – Respondent


Advocates:
G.S. Chaturvedi, Samit Gopal for the Applicants; A.G.A. for the Opposite parties.

JUDGMENT

Hon’ble S.C. Agarwal, J.—This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings in complaint case No. 317 of 1990 (Arup Kumar v. Gun Nidhi Dalmia and another) under Sections 420, 120-B, 406 IPC, P.S. Jhansi Kotwali, Jhansi pending in the Court of II Additional Munsif Magistrate, Jhansi.

Heard Sri G.S. Chaturvedi, senior advocate assisted by Sri Samit Gopal, learned counsel for the applicants and learned A.G.A. for the State.

2. Notice was sent to opposite party No. 1 by Registered Post A.D., but the same has not returned served or unserved and, therefore, vide order dated 29.3.2011, the service was deemed sufficient.

3. In brief, the facts are that the complaint was filed with the allegations that the complainant - opposite party No. 1 was the Proprietor of M/s. Punjabi Stores, Gandhi Road, Jhansi. In the last week of April 1985, applicant No. 2 Ram Mohan Srivastava came to the shop of the complainant and introduced himself as Regional Manager of M/s. Dalmia Biscuit Private Limited having a Factory at Rajapura, District Patiala, which used to manufacture biscuits and toffees. He persuaded the complainant to send a sum of Rs.2









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