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2011 Supreme(AP) 295

N.RAVI SHANKAR
Amit Kwnar Agarwal – Appellant
Versus
Reynolds Packagings Pvt. Ltd. – Respondent


Advocates Appeared:
Sharad Sanghi, Counsel for the Petitioner;
S. Srinivas Reddy, Counsel for the Respondent No.1; Public Prosecutor, Counsel for the Respondent No.4.

ORDER

The petitioner herein is the third accused (A3) in a criminal case i.e. CC No.I72 of 2003 on the file of the Court of the II Metropolitan Magistrate, Hyderabad. He filed this petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.PC') to quash the proceedings against him in the said criminal case.

2. The first respondent herein which is a private limited company is the complainant in the aforesaid CC No. In of 2003 and it filed the same alleging an offence punishable under Section 138 read with Section 142 of the Negotiable Instruments Act 1881 (for short 'Act') against the petitioner and respondents 2 and 3 herein. The allegations made in the complaint are that the petitioner and the third respondent herein are partners of the second respondent partnership firm and that in connection with a subsisting liability the third respondent Umakanth Agarwal issued six cheques for various amounts aggregating to Rs.18 lakhs on behalf of the said firm in favour of the complainant drawn on Agroha Co-operative Urban Bank Limited, Ricob Gunj, Hyderabad and that the said cheques when presented for encashment were dishonoured with the endorsement "payment stopped by drawe




































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