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2016 Supreme(All) 1239

VIJAY LAKSHMI
LOURENCO D" SOUZA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Samit Gopal and Ravindra Singh for the Applicant; G.A. and Priyanka Midha for the Opposite Parties.

JUDGMENT :

Hon'ble Mrs. Vijay Lakshmi, J.


The applicant by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the summoning order dated 1.5.2012 passed by Chief Judicial Magistrate, Gautam Budh Nagar in Criminal Case No. 3921 of 2012 (State of U.P. Vs. Lourenco D' Souza) under Sections 420, 406, 504 and 506 I.P.C., Police Station 58 Noida, district Gautambudh Nagar arising out of Case Crime No. 1085 of 2011.


As no one appeared on behalf of opposite party no. 2 despite personal service of notice on him as long back as on 30.9.2012 and no counter affidavit was filed on behalf of opposite party no. 2. I heard Sri Dilip Kumar, learned counsel appearing for the applicant and Sri L.D. Rajbhar, learned A.G.A. representing the State. Perused the record.


Some background facts, in brief, are that the opposite party no. 2 used to deal in the business of manufacture and export of garments from its factory situated at Noida, namely M/s. Valencia Apparels through the applicant who worked as agent between opposite party no. 2 and the buyer companies, mostly foreign companies. On 8.3.2008 the opposite party no. 2 received a pu




























































































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