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Vesa Holdings P.Ltd.& Anr vs State Kerala & Ors on 17 March, 2015

19. This is a question of fact, to be investigated into by the police or established at the trial after adducing evidence. On the basis of an assertion on affidavit that the informant did not supply any quantity of Masoor to the accused persons, First Information Report cannot be quashed, exercising jurisdiction under Section 482 of the Code of Criminal Procedure, 1973. Much reliance has been placed on Supreme Court's decision in case of Vesa Holdings P. Ltd. V. State 9 of Kerala (supra). The Supreme Court in the said decision held in paragraph 9 as follows:-
Supreme Court of India Cites 11 - Cited by 185 - C Nagappan - Full Document

Binod Kumar & Ors vs State Of Bihar & Anr on 30 October, 2014

17. Reliance placed by the learned counsel appearing on behalf of the petitioner in case of Binod Kumar Vs. State of Bihar (supra), is of no avail for the reason that in that case the Supreme Court arrived at a conclusion that all the allegations in the complaint, if were taken at the face value to be true, basic essential ingredients of dishonest misappropriation and cheating were missing. That is not the case here. Existence of dishonest intention from the very beginning 8 has been alleged in the First Information Report itself.
Supreme Court of India Cites 19 - Cited by 145 - R Banumathi - Full Document
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