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2019 Supreme(SC) 442

D.Y.CHANDRACHUD, HEMANT GUPTA
G. Ramesh – Appellant
Versus
Kanike Harish Kumar Ujwal – Respondent


Advocates Appeared:
For the Petitioners: Ms. Bhabhna Das, Mr. Krishna Dev Jagarlamudi.
For the Respondents: Mr. Abhimanyu Bhandari, Ms. Akriti Chaubey, Ms. Roohina Dua, Mr. Kunwar Aditya Singh, Mr. Ejaz Maqbool, Mr. S. Udaya Kumar Sagar, Mr. Mrityunjai Singh.

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

1. Leave granted.

2. This appeal arises from a judgment dated 13 June 2018 of a learned Single Judge of the High Court of Judicature at Hyderabad, Criminal Petition No. 5301 of 2014. While allowing a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) instituted by the first respondent, the High Court quashed the proceedings, Criminal M.P. No. 295 of 2014 in C.C. No. 751 of 2012 on the file of the Special Judicial Magistrate of First Class arising out of a complaint under Section 138 of the Negotiable Instruments Act, 1881 “the Act.”

3. The appellant is the complainant. The first accused is a partnership firm by the name of Vainqueur Corporate Services.

4. The third accused is the managing partner. The first respondent, who is arrayed as the second accused, is a partner of the firm. The complaint alleges that the partnership firm was dealing in data entry work. After obtaining contracts for data entry, sub-contracts were entered into by the firm for the completion of the assignments. Paragraphs 1 to 7 of the complaint are material to the controversy in the present case and are extracted below:

“1. That the accused No. 3 is

































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