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2022 Supreme(MP) 954

SANJAY DWIVEDI
Som Power Private Limited – Appellant
Versus
M. P. State Industrial Development Corporation Limited – Respondent


Advocates Appeared:
Shri. Sanjay Agrawal, Advocate with Shri. Rahul Diwakar, Advocate and Shri. Rahul Gupta, for the Appellant; Shri. Sanjay K.Agrawal, Advocate, for the Respondent.

ORDER

1. Heard.

All the petitions raise common question of facts and law, therefore, they are being decided by this common or- der. However, for the sake of convenience, the facts are be- ing derived from M.Cr.C.No.9113/2016.

This petition has been filed by the petitioners under Section 482 of Cr.P.C for quashing the proceedings on the ground of one time settlement, pending against them in the Court of Additional Chief Judicial Magistrate/Special Judge, Bhopal in R.T.No.2487-A/2004 (M.P.State Industrial Development Corporation Ltd. Vs. M/s Som Power Private Ltd & others) under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as 'Act 1881' for the sake of brevity).

2. Shorn of unnecessary facts, the brief facts of the case is that M/s Som Power Pvt. Ltd is a public limited company registered under the provisions of the Companies Act, 1956 ( 'M/S SPPL' for the sake of brevity).

    (ii) Madhya Pradesh Industrial Development Corporation (for short MPSIDC) had sanctioned and disbursed the amount of Rs.2 crores by way of financial assistance in the form of Inter Corporate Deposit to 'M/s SPPL'.

    (iii) Towards repayment of the aforesaid financial assistance/legal debt, M/s

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