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2023 Supreme(MP) 366

DINESH KUMAR PALIWAL
Neeraj Shrivastava – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Surendra Singh with Ashwani Kumar Dubey for applicant;
Vinay Sharma, Panel Lawyer for respondent No. 1/State;
Sankalp Kochar for respondent No. 2.

ORDER

1. This petition under section 482 of the Code of Criminal Procedure has been filed by the petitioner to quash FIR No.279/2018 dated 20.4.2018 under sections 420, 406, 467, 468/34 of IPC and the entire proceedings initiated pursuant to charge sheet filed by police station Gorakhpur, Jabalpur against the petitioner.

2. The factual matrix of the case in nutshell is that complainant/ respondent No.2 i.e. Pratik Jain is a resident of House No.599, Gorakhpur, Jabalpur and runs business of construction work and also works as car dealer. It was alleged that in the month of April 2016 his cousin Bantu Jain (applicant No.2) along with applicant No.1 Neeraj Shrivastava, who is the relative of Bantu Jain, came to him and told that Neeraj Shrivastava runs Mining business at village Gosalpur, Tehsil Sihora and that he would make him as a partner with 50% share in the said business. It was also alleged that for becoming a partner, he was asked to pay a sum of Rs.80,00,000/- (Rupess: Eighty lakhs). On that he got ready to become a partner with the Neeraj Shrivastava in mining business. Thereafter, they executed a Joint Venture Agreement regarding partnership in Mines business and paid Rs.80,

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