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NAWAB SINGH
Anita Gupta – Appellant
Versus
Cotton Worth – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Harkesh Manuja, Advocate.
For the Respondent:Mr. Balraj S. Malik, Advocate.

JUDGMENT (ORAL)

Nawab Singh, J.—By way of present petition, filed under Section 482 of Code of Criminal Procedure, petitioner is seeking quashing of complaint case titled

M/s Cotton Worth v. M/s Exim Trade Links (Annexure P5) pending in the Court of Judicial Magistrate, Panipat filed under Section 138 of Negotiable Instruments Act (for short 'N.I. Act’).

2. Respondent-complainant filed a complaint under Section 138 of N.I. Act against the petitioner, her husband and the company owned by them. It has been alleged that petitioner and her husband were partners of firm-accused No.1 and they have been in-charge and were responsible to accused No. 1-company for the conduct of the business of the company. Towards part payment of the dues of the respondent-complainant, the accused had issued cheque for an amount of Rs.1,00,000 and when the respondent-complainant presented the cheque for encashment, the same was returned unpaid with the remarks ‘funds insufficient’. Thereafter, the legal notice was served by the respondent-complainant.

3. In this petition, it has been alleged by the petitioner that petitioner was sleeping partner of the company. She was never involved in the business activi










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