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C.L.PANGARKAR
Ruchika Enterprise – Appellant
Versus
Shriram Enterprises – Respondent


Advocates:
Counsel for the Parties:
For the Applicants:V.V. Bhangde, Advocate.
For the Respondents:S.V. Bhutade, Advocate.

JUDGMENT (ORAL)

C.L. Pangarkar, J.—Rule. Returnable forthwith.

2. Heard finally with consent of parties.

3. This is an application under Section 482 of Criminal Procedure Code for quashing the proceedings under Section 138 of Negotiable Instruments Act before the Judicial Magistrate First Class, Nagpur.

4. Petitioners are the accused before the Judicial Magistrate First Class. Respondent instituted complaint under Section 138 of the Negotiable Instruments Act. Respondent is a partnership firm and deals in crushed coal powder and bricket coal and building material. Petitioner No.1 is a partnership firm, Nos. 2 to 5 are its partners and Nos. 6 and 7 are the employees or authorized agents of the firm. All the petitioners are looking after the management and day-to-day business of the accused firm. As such all accused persons are acquainted with the transaction between the respondent and the petitioners. Respondent had supplied different quantity of coal powder and bricket coal from time to time to the petitioners on credit. Respondent maintains the account in regular course of business. The petitioners in partial discharge of their liability issued a cheque of Rs. 6,08,167 in favour of























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