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2013 Supreme(SC) 842

GYAN SUDHA MISRA, PINAKI CHANDRA GHOSE
LAFARGE AGGREGATES & CONCRETE INDIA PVT. LTD. – Appellant
Versus
SUKARSH AZAD – Respondent


ORDER

1. Leave granted.

2. The appellant herein has challenged the order passed by the High Court whereby it has allowed the petition filed by the respondents herein, who are the Directors in a company known as M/s. Ria Constructions Ltd. and was pleased to quash the complaint lodged by the appellant as also all consequential proceedings pending before the Magistrate in regard to the complaint lodged by the appellant for an offence under Section 138 of the Negotiable Instruments Act, 1881.

3. Admittedly, the accused no. 2 in the complaint had issued the cheque in favour of the appellant for a sum of Rs.2,50,000/-, which was dishonoured as there was instruction of 'stop payment' by the Managing Director. This led to the lodgment of a complaint at the instance of the petitioner in which proceedings started.

4. At this stage, the respondents herein filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) praying for quashing of the complaint and all consequential proceeding wherein the respondents had offered to tender the cheque amount of Rs.2,50,000/-to the appellant who had lodged the complaint alleging that the stop payment instructions by t









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