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2018 Supreme(MP) 1000

ANAND PATHAK
AJIT KUMAR JAIN – Appellant
Versus
STATE OF M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anil Kumar Mishra, F. A. Shah
For the Respondent: Anil Sharma, Kuldeep Singh

JUDGMENT :

1. Shri Anil Kumar Mishra and Shri F. A. Shah, learned counsel for petitioners. Shri Kuldeep Singh, learned Public Prosecutor for respondent No. 1-State. Shri Anil Sharma, learned counsel for respondent No. 2- complainant.

2. Heard on admission. The present petition under section 482 of Criminal Procedure Code is being preferred by the petitioners for quashment of FIR registered at Police Station Jhansi Road, Gwalior vide Crime No. 321/2018 for the offence under sections 420, 406, 506, 120-B of Indian Penal Code and the investigation proceeded on the basis of registration of FIR.

3. Precisely stated facts of the case (and prosecution story) are that a written application was submitted by respondent No. 2/ complainant on 4-8-2018 at Police Station Jhansi Road, Gwalior with the allegations that he lent some amount by way of hundi transaction to petitioner No. 1 under the knowledge of petitioner No. 2, part of which was repaid by the petitioners and as of now Rs. 41,50,000/- is to be paid by the petitioner No. 1.

4. Since petitioner No. 1 started dilly dallying the matter and was not prompt in repayment therefore, social involvement was sought by respondent No. 2 resulted into

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