Dismissed

Padam Prakash Khandaka v. State of Rajasthan and Ors.

Rajasthan HC9 Jan 2024CRLMP/1906/2012

Case brief

AI extract

What is this about?

This order disposed of five connected criminal miscellaneous petitions under Section 482 CrPC challenging an order discharging accused in a matter under Section 68 of the Companies Act, 1956, noting a settlement between parties.

What did the court decide?

Petitions disposed of without interfering with impugned orders discharging accused from prosecution under Section 68 of the Companies Act, 1956.

Padam Prakash Khandaka Vs State of Rajasthan and Ors. — Company and Corporate | Rajasthan HC (2024)

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[2024:RJ-JP:1379]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 661/2015

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Sumer Prakash Khandaka S/o Late Shri Sardar Mal Khandaka aged 65 years R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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----Petitioner-complainant

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Versus

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State Of Rajasthan through Public Prosecutor

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M/s Firm Chakreshwari Construction Pvt. Ltd, 228, Johari Bazar, Jaipur

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Nem Prakash S/o Late Shri Sardar Mal Khandaka R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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Shri Dev Prakash S/o Late Shri Sardar Mal Khandaka, Director, M/s Firm Chakreshwari Construction Pvt. Ltd, 228, Johari Bazar, Jaipur, R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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----Respondents-accused

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Connected With

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S.B. Criminal Miscellaneous (Petition) No. 1901/2012

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Padam Prakash Khandaka S/o Late Shri Sardar Mal Khandaka aged 65 years R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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----Petitioner-complainant

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Versus

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State Of Rajasthan through Public Prosecutor

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M/s Firm Chakreshwari Construction Pvt. Ltd, 228, Johari Bazar, Jaipur

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Nem Prakash S/o Late Shri Sardar Mal Khandaka R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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Shri Dev Prakash S/o Late Shri Sardar Mal Khandaka, Director, M/s Firm Chakreshwari Construction Pvt. Ltd, 228, Johari Bazar, Jaipur, R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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----Respondents-accused

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S.B. Criminal Miscellaneous (Petition) No. 1902/2012

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Padam Prakash Khandaka S/o Late Shri Sardar Mal Khandaka aged 65 years R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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----Petitioner-complainant

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Versus

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State Of Rajasthan through Public Prosecutor

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M/s Firm Chakreshwari Construction Pvt. Ltd, 228, Johari Bazar, Jaipur

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Smt. Rajul Jain W/o Shri Raj kumar R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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Shri Raj kumar S/o Shri Nem Prakash Khandaka R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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Nem Prakash S/o Late Shri Sardar Mal Khandaka R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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----Respondents-accused

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S.B. Criminal Miscellaneous (Petition) No. 1905/2012

(2 of 3)

[2024:RJ-JP:1379]

[CRLMP-661/2015]

Padam Prakash Khandaka S/o Late Shri Sardar Mal Khandaka aged 65 years R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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----Petitioner-complainant

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Versus

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State Of Rajasthan through Public Prosecutor

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M/s Firm Chakreshwari Construction Pvt. Ltd, 228, Johari Bazar, Jaipur

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Nem Prakash S/o Late Shri Sardar Mal Khandaka R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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Shri Dev Prakash S/o Late Shri Sardar Mal Khandaka, Director, M/s Firm Chakreshwari Construction Pvt. Ltd, 228, Johari Bazar, Jaipur.

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Shri Raj kumar S/o Shri Nem Prakash Khandaka R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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----Respondents-accused

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S.B. Criminal Miscellaneous (Petition) No. 1906/2012 Padam Prakash Khandaka S/o Late Shri Sardar Mal Khandaka aged 65 years R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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----Petitioner-complainant

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Versus

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State Of Rajasthan through Public Prosecutor

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M/s Firm Chakreshwari Construction Pvt. Ltd, 228, Johari Bazar, Jaipur

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Shri Raj kumar S/o Shri Nem Prakash Khandaka R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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Nem Prakash S/o Late Shri Sardar Mal Khandaka R/o D-192 Jagdish Marg, Bani Park, Jaipur.

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----Respondents-accused

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For Petitioner(s)	:	Mr. G S Shekhawat
		Mr. Rajendra Prasad Sharma for Mr. Ajay Kumar Jain
For Respondent(s)	:	Mr. Laxman Meena, PP Mr. Saransh Saini

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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09/01/2024

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These criminal miscellaneous petitions under Section 482 Cr.P.C. have been preferred by petitioners-complainant assailing a common order dated 12.03.2012 passed by Additional District &

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Sessions Judge, (Fast Track) No.8, Jaipur Metropolitan, Jaipur dismissing five different criminal revision petitions and declining to

(3 of 3)

[2024:RJ-JP:1379]

[CRLMP-661/2015]

interfere with orders of trial court to discharge non-petitioners to prosecute from offence under Section 68 of the Companies Act, 1956.

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It has been submitted that criminal complaints were filed in the year 2003 with allegation that the non-petitioners assured to transfer the shares of company M/s Chakreshwari Construction Pvt. Ltd. and for which the amount was received in the year 19981999.

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It has jointly been submitted that both parties are brothers and have amicably settled the dispute. The complainant-Padam Prakash Khandaka has filed his affidavit and the same is taken on record.

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Counsel for petitioner on the instructions of petitioners submits that in view of settlement arrived at between parties, they do not want to pursue the present petitions.

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Counsel for non-petitioners have no objection.

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Accordingly, without interfering with the impugned orders, the present petitions stand disposed of.

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(SUDESH BANSAL),J

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RONAK/19-23-S

Padam Prakash Khandaka v. State of Rajasthan and Ors.

Case brief

What is this about?

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Padam Prakash Khandaka v. State of Rajasthan and Ors.

Case brief

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