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2021 Supreme(SC) 628

MITESH KUMAR J. SHA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates appeared:
For the Petitioner(s):Shailesh Madiyal, Sudhansu Prakash, Rakhi M., Vaibhav Sabharwal, Sruthi Iyer, Neha Jain,Advocates
For the Respondent(s):V.N. Raghupathy, Md. Apzal Ansari, Advocates Respondent-in-person

JUDGMENT :

KRISHNA MURARI, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 13.08.2019 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No. 2691 of 2016, filed by the Appellants under Section 482 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) challenging the FIR No. 185/2016 dated 29.03.2016 implicating the appellants for offences under Section 420 read with Section 34 IPC and to quash the proceedings in C.C. No. 20609 of 2017 on the file of VI Additional CMM, Bengaluru, initiated pursuant to charge sheet dated 29.03.2017 against the appellants for offences punishable under Sections 406, 419, 420 read with Section 34 of IPC. The High Court vide order impugned herein dismissed the same.

3. Pending instant appeal before this Court, Appellant No. 1 has died and his name has been deleted vide order dated 29.09.2021. The term ‘Appellants’ used herein should thus be construed to include only Appellant No. 2.

Facts

4. On 07.08.2013 Respondent No. 2 had initially executed a Joint Development Agreement (JDA) for developing a particular property with the company of the Appellants (The Appellants being directors in t

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