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2022 Supreme(MP) 897

NANDITA DUBEY
Aabid Hussain – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri Mohan Sausarkar, Advocate, for the Appellant; Shri Aditya Gupta, Panel Lawyer for the respondent/State and Shri Shailendra Singh, Advocate for respondent No.2

JUDGMENT

1. This Misc. Criminal Case under Section 482 of the Cr.P.C. has been preferred for quashing the FIR No. 0010/2021 dated 01.01.2021, registered at Police Station Bhalumada, district Anuppur for the offence punishable under Sections 409 and 420 of the I.P.C.

2. The factual background giving rise to present M.Cr.C. reveals that the complainant/respondent No.2 on 02.01.2021, filed a complaint before Police Station Bhalumada, district Anuppur alleging that in 1995, he and Samrendra Das jointly managed a cable network in the name and style of OM Cable Network. On 28.02.2004, an agreement was executed and four new partners including the present applicant were inducted, in the said firm. As per the agreement, Samrendra Das was managing the network, but later on present applicant started looking after the firm's work. It is alleged that he destroyed the cable network and started his own optical fiber network in the name and style of Raj Cable Network.

Till October, 2015, he distributed the profit to the partners, however after November, 2015, stopped sharing any money/profit with the partners and also refused to give details of the accounts.

On these submissions, it was stated that ap

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