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2000 DIGILAW 2061 (SC)

A. P. FOAM PVT. LTD. v. SUBHASH CHANDRA

2000-12-01

B.N.AGARWAL, S.RAJENDRA BABU

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( 1 ) LEAVE granted. ( 2 ) A petition is filed under Section 482 of the Code of Criminal procedure for quashing the complaint against the respondents for offence under Sections 419, 420, 465, 468, 471, 472, 474 and 477-A read with section 120-B of the Indian Penal Code. The complainant alleged that a forged balance sheet was shown to him which prompted him to buy a particular factory and borrow the money from M. P. Financial Corporation. There is an allegation that there has been forgery of certain documents and a civil suit is also filed in respect of the property belonging to M/s A. P. Financial Corporation and another suit is also pending between M/s A. P. Foam Pvt. Ltd. , and the respondents. One Neelesh Tiwari is stated to be the purchaser of certain shares of M/s A. P. Foam Pvt. Ltd. The High Court has not set out the full facts of the case in its order which led to the complaint and in what circumstances the complaint was filed much less has it discussed the manner in which the parameters are indicated by this Court in State of haryana v. Bhajan Lal to quash the proceedings before it. In that view of the matter, we set aside the order made by the High Court and remit the same to the High Court for fresh consideration in accordance with law. It has been brought to our notice that another connected matter is pending before the high Court and we direct that both the matters should be taken up together. The appeal is allowed accordingly.