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1998 Supreme(Del) 130

A.K.SRIVASTAVA
NARENDER KAPUR – Appellant
Versus
RAMESH C. BANSAL – Respondent


Advocates Appeared:
KAMAL GUPTA, N.K.Khetarpal, Raman Sawhney

A. K. Srivastava, J.

( 1 ) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing the summoning order dated 23. 11. 1995 against the petitioner. The facts which appear to be from the record are that respondent No. 1 Ramesh C. Bansal lodged a complaint before the concerned Magistrate alleging that two persons, namely, Narender Kapoor and Pramod Adlakha committed offences under Sections 499/500, Indian Penal Code making public letter dated 12. 1. 1990 (Annexure A ). After recording of the statement the learned Magistrate has by the impugned order summoned the aforesaid two accused persons.

( 2 ) ON scrutiny, it is to be found that though the letter was on the letter head of Adlakha and Associates of which the petitioner is a partner but it is signed only by Pramod Adlakha. In the statement given by the complaint under Section 200 of the Code of Criminal Procedure it is to be found that no averments were made against the petitioner Narender Kapoor. Only this much is stated that accused No. 1, namely, Pramod Adlakha had circulated the letter signed by him at a meeting on the letter pad of Adlakha and Associates and that the accused No. 1 Pramod Adlakha only



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