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M.L.Mehta
Kajal Sengupta – Appellant
Versus
Ahlcon Ready Mix Concrete Division of Ahluwalia Contract (India) Ltd. – Respondent


JUDGMENT

M.L. Mehta, J.— The petitioner seeks quashing of the order of the Ld. MM dated 11.2.2011, in CC No. 1448 of 2010 directing him to appear personally on the next date of hearing.

2. In the complaint filed by the respondent/complainant against the petitioner under Section 138, Negotiable Instruments Act (for short the ‘Act’), summons were issued to the petitioner by the learned M.M. vide his order dated 29.8.2007. The accused person preferred a petition under Section 482 CrPC in this Court seeking quashing of the complaint which was dismissed vide its judgment dated 10.2.2009, with an observation that any request for exemption from personal appearance be made before the concerned Magistrate. The Ld. MM vide order dated 19.5.2009 exempted the petitioner from personal appearance with the direction that if at any stage of the proceeding, the petitioner is required, he shall have to appear in person. The complainant/respondent company preferred a revision to this Court against the said order of the Ld. MM granting personal exemption to the petitioner, which was dismissed by this Court vide order dated 7.1.2010, with the liberty to move an appropriate application before the Ld. MM


























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