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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 91 of 2000

PETITIONER:

G. SAGAR SURI AND ANR.

RESPONDENT:

STATE OF UP. AND ORS.

DATE OF JUDGMENT: 28/01/2000

BENCH:

S. SAGHIR AHMAD & D. P. WADHWA

JUDGMENT:

JUDGMENT

2000 (1) SCR 417

The Judgment of the Court was delivered by D.P. WADHWA, J. Leave granted.

This appeal is directed against the judgment dated May 6, 1999 of Allahabad

High Court dismissing the application of the appellants filed under Section

482 of the Code of Criminal Procedure (for short, the ’Code’). By this

application the appellants had sought quashing of the criminal proceedings

pending against them under Section 406/420" of the Indian Penal Code (for

short the TPC) in the Court of Chief Judicial Magistrate, Ghaziabad and

arising out of Case No. 674 of 1997 of Police Station Noida, District

Gautam Budh Nagar.

The First Information Report (FIR No. 517 dated August 17, 1997) was filed

against seven persons including the two appellants by Mr. P.K. Sen Gupta

(respondent No. 2), General Manager, M/s. Phoenix Interna-tional Finance

Ltd., NOIDA (for short, the ’Finance Company’). He al-leged that Ashwani

Suri, G. Sagar Suri (the first ap