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2000 Supreme(AP) 744

VAMAN RAO
Om Prakash Agarwal – Appellant
Versus
State Of A. P. – Respondent


VAMAN RAO, J.

( 1 ) NOTICE before admission has been ordered and the respondent No. 2 made their appearance through their counsel. The Public Prosecutor takes notice for respondent No. 1.

( 2 ) HEARD the learned counsel for the petitioner Sri C. Kodandaram and the learned Senior counsel Sri. E. Manohar for respondent No. 2.

( 3 ) THIS petition under Section 482 of Cr. P. C. seeks quashing of the proceedings in C. C. No. 236 of 2000 on the file of the III Metropolitan Magistrate, Visakhapatnam in so far as the petitioner is concerned, who appears as accused No. 5 facing a charge for an offence under Section 138 of the Negotiable Instruments Act.

( 4 ) THE learned counsel for the petitioner Sri Kodandaram contends that there are no specific allegations against the petitioner-accused No. 5 to implicate him in the alleged offence under Section 138 of the Negotiable Instruments Act. It is stated that accused No. 5 has nothing to do with the affairs of the company.

( 5 ) ON the other hand, the learned senior counsel for the respondent No. 2 Sri E. Manohar contends that according to the complainant there is a specific allegation that the cheque issued on behalf of accused No. 1 company had















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