Ashutosh Ashok Parasrampuriya vs Gharrkul Industries Pvt. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 612

Ashutosh Ashok Parasrampuriya – Appellant
Versus
Gharrkul Industries Pvt. Ltd. – Respondent

Advocates appeared:
For the Petitioner(s): Mrs. Arundhati Katju, Adv Mrs. Priya Puri, Adv Mr. Sharad Puri, Adv Mrs. Rashmi Sachdeva, Adv Mr. Ranjay Dubey, Adv Ms. Srishti Borthakur, Adv Mr. Siddhartha Dave, Sr.Adv. Mr. Amit Bhandari, Adv. Mr. Purushottam Sharma Tripathi, AOR Mr. Mukesh Kumar Singh, Adv Mr. Abhishek Tripathi. Adv
For the Respondent(s): Mr. Pallav Shishodia, Sr, Adv Mr. Shyamal J. Kadu, Adv. Mr. Satyajit A Desai, Adv Mrs. Anagha S Desai, AOR Mr. Siddharth Gautam, Adv Mr. Himanshu Sharma, Adv Mr. Yati Sharma, Adv. Ms. Supriya Juneja, AOR Ms. Cheshta Jetly, Adv. Mr. Sachin Patil, AOR Mr. Rahul Chitnis,Adv. Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv.

JUDGMENT :

AJAY RASTOGI, J.

1. Leave granted.

2. The present appeals are directed against the common judgment and order dated 18th July, 2014 filed at the instance of the appellants under Section 482 of Code of Criminal Procedure, 1973 (hereinafter being referred to as “Cr.P.C.”) against the order dated 10th November, 2012 pursuant to which they were summoned to answer to a charge of Section 138 of Negotiable Instruments Act, 1881 (hereinafter being referred to as the “NI Act”) that came to be dismissed by the High Court under the order impugned.

3. The seminal facts in brief necessary for the present purpose are stated as under.

4. The appellant nos. 1 and 2 in Criminal Appeal @ SLP (Criminal) No. 7573 of 2014 and appellant nos. 2, 3 and 4 in Criminal Appeal @ SLP (Criminal) No. 9520 of 2014 are the Directors of the appellant no. 1 (Ameya Paper Mills Pvt. Ltd.) in Criminal Appeal @ SLP (Criminal) No. 9520 of 2014, the Private Limited Company established under the provisions of the Companies Act, 1956. It is the case of respondent no. 1-complainant that it is a Private Limited Compa

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2021 Supreme(SC) 612

Ashutosh Ashok Parasrampuriya – AppellantVersusGharrkul Industries Pvt. Ltd. – Respondent

Ashutosh Ashok Parasrampuriya – Appellant
Versus
Gharrkul Industries Pvt. Ltd. – Respondent