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2015 Supreme(All) 28

VISHNU CHANDRA GUPTA
UPENDRA KUMAR SHARMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Hemant Kumar Misra and Arti Ganguly for the Petitioner; AGA and Rajeev Kumar Tripathi for the Opposite Parties.

JUDGMENT

Hon’ble Vishnu Chandra Gupta, J.—By means of this petition, under Section 482 of Code of Criminal Procedure (In short ‘’Cr.P.C.’), petitioner Upendra Kumar Sharma sought relief for quashing the proceedings of Criminal Case No. 4230 of 2012 (Firm Shri Shyam Associates v. Upendra Kumar Sharma), under Sections 406, 419, 420 IPC, Police Station Kotwali Nagar, District Bahraich pending in the Court of learned Chief Judicial Magistrate, Bahraich alongwith summoning order dated 22.2.2013 passed by learned Magistrate Bahraich.

2. Brief facts for deciding this petition are that the opposite party No. 2 Firm Shri Shyam Associates through its partner Atul Kumar Goyal lodged a criminal complaint against the petitioner, who is doing his business in the name and style of Akshtam Marketing, Marketing Consultant, with the allegations that petitioner is the distributor of Goa Gutka and Pan Masala of Northern-Eastern zone of India. The petitioner appointed the opposite party No. 2 as super stockiest in the month of July, 2010 for selling Goa Gutka and Pan Masala in the State of U.P. For doing the aforesaid business, the petitioner demanded security money from the opposite party No. 2 to depo
















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