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2017 Supreme(Pat) 896

SANJAY PRIYA
Goutam Medical Agency – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Jagnnath Singh, Advocate
For the Opposite Parties :Mr. Ramesh Kumar Agrawal, Advocate APP

JUDGMENT :

Sanjay Priya, J.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated, 07.02.2012, passed by Sri Sunil Kumar II, Judicial Magistrate, 1st class, Patna, in Complaint Case No.2830-C of 2011 by which he has taken cognizance under Sections 138 of the Negotiable Instrument Act read with 120-B Indian Penal Code against the petitioner no.1 and under Section 138 of the Negotiable Instrument Act against the petitioner no.2.

2. Heard learned counsel for the petitioners and the Opposite Party No.2 as well as the learned counsel for the State.

3. Main contention of the learned counsel for the petitioners is that the complainant is the attorney holder of Smt. Maya Devi Bansal, Proprietor of M/s Classic Associates, and he is not authorized to file complaint on behalf of M/s Classic Associates. It has further been submitted that the blank cheque was used by the complainant.

4. On the other hand, it has been submitted on behalf of the complainant that Rishu Kumar Bansal was appointed as lawful attorney by Smt. Maya Devi Bansal, Proprietor of M/s Classic Associates, w/o Sri Radhe Shyam Bansal, of the said firm to conduct on behalf of












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