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2008 Supreme(SC) 1065

TARUN CHATTERJEE, AFTAB ALAM
Indo Automobiles – Appellant
Versus
Jai Durga Enterprises – Respondent


Order

1.Leave granted.

2.This appeal is directed against an Order dated 17th of May, 2006 passed by the High Court of Judicature at Allahabad in Criminal Misc. Application No.11313 of 2005.

3.In spite of due service, no one has appeared before us to contest this appeal.

4.We have heard the learned counsel for the appellant and perused the materials on record.

5.A proceeding under Section 138 of the Negotiable Instruments Act was initiated against the respondents. In the said proceeding, the Judicial Magistrate, First Class, Saharanpur passed an Order summoning the respondents for trial. Challenging the aforesaid Order, an application under Section 482 of the Code of Criminal Procedure was moved by the respondents for quashing the summons. The High Court by the impugned Order had quashed the said proceeding on the ground that no notice was served on the respondents.

6.Feeling aggrieved, this Special Leave Petition was filed which, on grant of leave, was heard in the presence of the learned counsel for the appellant.

7.Having considered the materials on record and after hearing learned counsel for the appellant, we are of the view that the impugned Judgment of the High Court cannot be sust



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