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2024 Supreme(SC) 221

SUDHANSHU DHULIA, PRASANNA B. VARALE
Naresh Kumar – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Aman Lekhi, Sr. Adv. Mr. Abhishek Gupta, AOR Mr. Chaitanya Mahajan, Adv. Ms. Payal Kakra, Adv. Mr. Ehraaz Zafar, Adv. Mr. Kunalkakumanu, Adv.
For the Respondent(s): Mr. D. L. Chidananda, AOR Mr. Ravindera Kumar Verma, Adv. Mr. Anand Sanjay M Nuli, Sr. Adv. Mr. Suraj Kaushik, Adv. Mr. Agam Sharma, Adv. Mr. Dharm Singh, Adv. Mr. Nanda Kumar, Adv. Ms. Akhila Wali, Adv. Mr. Shiva Swaroop, Adv. Mr. Akash Kukreja, Adv. M/S. Nuli & Nuli, AOR

JUDGMENT :

Sudhanshu Dhulia, J.

Leave granted.

2. The appellants before this Court have challenged the order dated 02.12.2020 of the Karnataka High Court by which their petition under Section 482 of Criminal Procedure Code for quashing the FIR has been dismissed. The case of the appellants before the High Court of Karnataka was that the FIR which was instituted by the complainant i.e. respondent no. 2 is primarily a civil dispute and has no criminal element and the entire criminal proceedings initiated against the appellants is nothing but an abuse of the process and consequently, they had invoked the extraordinary powers of the High Court under Section 482 of the Criminal Procedure Code. The two appellants before this Court are the Assistant Manager (Marketing) and the Manging Director of a company, which is a manufacturer of bicycles. Respondent no.2 was given a contract, as it has been stated before this Court, for the assembly of bicycles, their transport and their delivery, at the rate of Rs.122/- for each bicycle, and since they had assembled 83,267 bicycles, they raised invoices amounting to Rs.1,01,58,574/- and were liable to be paid the same. However, respondent no.2 contends

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