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2012 Supreme(All) 1367

MUSHAFFEY AHMAD
SAJAL GARG – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Brijesh Sahai and Ramesh Pundir for the Revisionists; G.A. and Hemendra Pratap Singh for the Respondents.

JUDGMENT

Hon’ble Mushaffey Ahmad, J.—This revision has been directed against the order dated 3.9.2011 passed by Special Judicial Magistrate (C.B.I.) Ghaziabad in Complaint No. 451 of 2011, Smt. Maju Gupta v. M/S Ghaziabad Shares Service Pvt. Ltd. and another, through its Director Sajal Garg and Smt. Sangita Garg by the impugned order learned Magistrate summoned the revisionist to face trial for offence under Section 406 I.P.C. In the complaint respondent No. 2 has alleged that her husband Anil Kumar Gupta and the accused-revisionists were members of the family; in the year 2003 Anil Kumar Gupta sold some of his property and received Rs. 36,58,700.00 as consideration Anil Garg former director of the firm came to Anil Kumar Gupta and asked for a loan of Rs. 36,58,700.00 to purchase land for the firm. This was upto between Anil Garg and Anil Kumar Gupta that Anil Garg shall pay 15% interest on money borrowed and the money would be returned on demand and alongwith interest. Anil Kumar Gupta believed Anil Garg and passed on the aforesaid amount of money. The loan stands out till date and it is a part of firm assets on 11.3.2005 the accused-revisionists changed the name of erstwhile M/S G











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