LAWS(SC)-2025-4-144

DINESH SHARMA Vs. EMGEE CABLES AND COMMUNICATION LTD

Decided On April 23, 2025
DINESH SHARMA Appellant
V/S
Emgee Cables And Communication Ltd Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellant (Original Complainant) by way of these appeals has challenged the common judgment and order dtd. 31/1/2023 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur, in SB Criminal Miscellaneous (Petition) No. 6995/2018 connected with S.B. Criminal Miscellaneous (Petition) No. 7689/2018, whereby the High Court quashed and set aside the First Information Report No. 218/2018 dtd. 4/4/2018 under Sec. 420, 406 and 120B of Indian Penal Code, 1860 (hereinafter 'IPC') filed by the appellant seeking investigation against alleged dishonest and fraudulent acts of Respondent No. 1/Company and its concerned Directors/Decision makers including Respondent No. 2.

(3.) One Dinesh Sharma (hereinafter referred as 'Appellant') was the authorised representative of the Company M/s BLS Polymers Ltd. According to the case of the appellant, the abovementioned company was engaged in the business of manufacturing and supplying plastic compounds such as PE, PVC, XLPE, HFFR etc used in making of wires and cables. EMGEE Cables and Communications limited (hereinafter referred as 'Respondent No. 1') was the Company engaged in the business of manufacturing Copper alloys, wires, conductors, etc. It is stated that one Arun Maheshwari (hereinafter referred as 'Respondent No. 3') was the technical director of Respondent No. 1 and in 2012, Respondent No. 1 through its representatives which also included the Respondent No. 2 approached the Appellant's Company for supply of PVC.