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2003 Supreme(MP) 806

SUBHASH SAMVATSAR
Ajay Patodia – Appellant
Versus
State of M. P. – Respondent


Advocates:
Smt. Nandini Dubey for applicant; Ms. Bhakti Sharma, Panel Lawyer for State; R.K. Sharma for complainant.

JUDGMENT


This order shall also govern the disposal of MCRC No. 1754/2003.

This petition is filed under section 482, CrPC for quashing the criminal proceedings lodged against the applicant for committing offence under sections 306 and 406 IPC.

The facts of the case are that one Chanda Lakhotia had lodged a complaint against the present applicant alleging that she is wife of Ramesh Lakhotia. The said Ramesh had committed suicide by hanging himself in the night of 14.3.1999. According to her, Ramesh was a scrap supplier and used to supply scrap to various factories/industries situated at Malanpur District Bhind.


It is alleged that before 1995 the deceased had supplied scrap to M/s Varsha Alloys situated at Malanpur and the present applicant was the Managing Director of the said industry. It is also alleged that an amount of Rs. 16,75,000/- was due to the deceased from the said firm and the said amount was not paid by the firm. Ramesh demanded the said amount repeatedly from the applicant and the firm, but the said amount was not returned. Due to this non-payment, the deceased Ramesh was put to economic crisis, as he could not repay the liabilities of his creditors w

















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