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2023 Supreme(Chh) 583

RAKESH MOHAN PANDEY
Ycon Automobiles Enterprises Pvt. Ltd. – Appellant
Versus
Bhilai Engineering Corporation Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri B.P. Sharma, Advocate along with Shri Pushp Kumar Gupta, Advocate.

ORDER :

1. In these bunch cases, non-bailable warrants have been issued against the petitioners by the learned Judicial Magistrate First Class Durg wherein the petitioners are being tried in complaint cases filed under Section 138 of the Negotiable Instruments Act (in short ‘NI Act’).

2. The facts of the present case are that complaint cases were filed under Section 200 of CrPC for taking cognizance of an offence under Section 138 of the NI Act against the petitioners as few cheques were issued in discharge of liability and the same were dishonoured, thereafter, mandatory demand notices were issued and ultimately, complaint cases were filed. The amount quoted in four cheques is Rs.25,00,000/- each and cheques were issued by the petitioners/accused in favour of the complainant. The petitioners filed these petitions under Section 482 of Cr.P.C. seeking therein liberty to adduce defence evidence as some of the petitioners are not the Directors of the Company in those complaint cases. In all petitions i.e. CRMP Nos. 2499 of 2023, 2497 of 2023, 1507 of 2023 & 1510 of 2023 notices were issued to the complainant and liberty was granted to the petitioners to move an appropriate application b

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