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2005 Supreme(MP) 20

S.L.KOCHAR
Set Discovery Pvt. Ltd – Appellant
Versus
Shashikant S/o Padmakar Kudroli – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff:S.C. Bagadia, Senior Advocate and Saboo
For Respondents/Defendant: R.D. Goyal

ORDER

S.L. Kochar, J.

1. The applicants have filed this petition under section 482 of the Code of Criminal Procedure for quashing the criminal complaint case No. 518/04 pending before the learned Judicial Magistrate First Class, Indore. The complaint has been filed by the non-applicant/complainant under sections 406, 418, 420, 467, 468 and 120-B of the Indian Penal Code. The learned Trial Magistrate after recording the statements of the complainant and his witnesses under section 200 of the Criminal Procedure Code registered the complaint only under sections 406 and 420 read with section 120-B of the Indian Penal Code and issued process against the applicants under section 204 of the Criminal Procedure Code.

2. Learned counsel for the applicants has submitted that a bare reading of the complaint would show that even the allegations stated in the complaint even if are taken at their face value, no offence whatsoever is made out against the applicants. According to the applicants, the dispute appears to be of a civil nature and the non-applicant has maliciously attempted to cloak the said dispute into a criminal case only to browbeat, pressurize and coerce the applicants. It has also be










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