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R.C.KATHURIA
Arun D. Deshpande – Appellant
Versus
Vipin Oil Extraction (P) Ltd. – Respondent


JUDGMENT

R. C. Kathuria, J. : Arun B. Deshpande, petitioner seeks quashing of the order dated 8.1.2002 (Annexure P-6) passed by the Judicial Magistrate lst Class, Abohar in Criminal Case No. 118-2/19.4. 1997, whereby prayer made by the petitioner seeking exemption from personal appearance during the trial of the case was declined.

2. In order to decide the controversy raised in this petition, a few facts need to be noticed. M/s. Vipin Oil Extraction (P) Ltd. through its Managing Director, Faquir Chand Bansal, resident of Gaudhula Road, Abohar, District Ferozepur, arrayed as respondent No. 1, had entered into transaction with M/s. Vizar Agro Chemicals Limited, arrayed as respondent No. 2. Arun B. Deshpande, petitioner was employed with respondent No. 2. at that time. Vishwas L. Bhosale and late Sanjay Solanki, Managing Director and Executive Director respectively of respondent No. 2 were controlling the functioning of the aforesaid Company. The cheques issued by respondent No. 2 in favour of respondent No. 1 were dishonoured on account of insufficiency of funds. Consequently complaint was filed under Section 138 of the Negotiable Instruments Act, 1881, by respondent No. 1 against re









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