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KAILASH GAMBHIR
Manish Kant Aggarwal – Appellant
Versus
National Agricultural Co-operative Marketing Federation of India Ltd. – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Sidharth Luthra, Sr. Advocate with Mr. Amit Mahajan and Mr. Neeraj Walia, Advocates.
For the Respondents:Mr. Saran Suri, Mr. Gunjan Kumar, Mr. Ranjan Kumar, Advocates.

JUDGMENT

Kailash Gambhir, J.—This order shall dispose of three separate petitions filed by the petitioners assailing the summoning order passed by the Court of Sh. Chander Shekhar, Metropolitan Magistrate in three separate complaint cases.

2. Common ground for challenging the summoning order in all the three petitions is that in all the three complaint cases filed by respondent No. 2, the petitioners are neither the drawer nor the signatories of the dishonoured cheques based on which the complaint under Section 138 r/w Sections 141 and 142, N.I. Act was filed by respondent No.2. In Criminal Miscellaneous No.2667/2007 the petitioner does not dispute that he was director of M/s. M.K. International Ltd. on the relevant date of the commission of the offence and he had also written a letter dated 9.9.2005 on behalf of the said company whereby 36 cheques were sent to the respondent No.2 as security which ultimately got dishonoured due to the non-availability of sufficient balance amount in the concerned bank account of the drawer of these cheques. While in two other cases i.e. Cri M. No.1637/07 and Cri. M. No.1597/2007 the petitioners have claimed that they were not the directors on the





























































































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