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2019 Supreme(MP) 278

J.P.GUPTA
Neeraj Makker – Appellant
Versus
State of M. P. – Respondent


Advocates:
Ajay Mishra with Atul Nema for applicants; Chandrabhan Singh, Government Advocate for respondent No. 1/State; Aseem Trivedi and Ashish Pandey for respondent No. 2.

ORDER

1. This petition has been preferred under section 482 of CrPC for quashment of impugned order dated 17.11.2017 passed by JMFC, Jabalpur whereby the application filed under section 156 (3) of CrPC by respondent no. 2 was accepted and directed to Police station Lardganj, Jabalpur to register FIR and submit final report, on the ground that prima facie no cognizable offence is made out from the averment in the application and the impugned order has been passed mechanically without applying judicial mind and the mendatory procedure as laid down by the Apex Court.

2. Facts giving rise to this petition in brief are that the respondent No. 2 filed an application under section 156 (3) of CrPC on 13.11.2017 before JMFC, Jabalpur stating that on 13.10.2017 he went to the applicant’s shop Karan Shoes situated at Malviya Chowk, Jabalpur to purchase a pair of chappal and he purchased a pair of chappal made by Softy Company on which a paper slip was impressed by the seller on the place where MRP Rs. 499/- was engraft by the company. On the slip in the name of Karan Shoes MRP Rs. 790/- was printed and after negotiation it was given on consideration of Rs. 740/-. Thereafter, when he detached

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