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2006 Supreme(Del) 2383

A.K.SIKRI
J. N. BHATIA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
A.SRIVASTAV, Ajay, Ajay Bhargava, AMIT SINGH, Anil Soni, AVNISH KUMAR, Baldev Malik, BALKRISHAN SHARMA, D.D.SINGH, GAGAN MALHOTRA, Girdhar Govind, GIRIJA VERMA, Gurkamal, JASWINDER, K.K.SUD, MANJIT WALIA, MANOJ ARORA, N.N.FIRDAUSI, NEERAJ KISHAN KAUL, PRATAP SHANKER SINGH, Rahul Dhawan, Rajesh Mahajan, RAJIV NAYAR, RAJNEESH CHOPRA, Rajnish Kumar, RAJPAL SINGH BAGHEL, RAKESH MALHOTRA, RAVI KANT CHADHA, S.Nithya, SANDEEP SETHI, SANJEEV KUMAR CHAUDHARY, SEEMA GULATI, SIDDHARTH LUTHRA, Tarun Sharma, U.L.WATWANI, Vanita Bhargava, VIJAY AGARWAL, VINEET MALHOTRA, VIVEK SOOD


A. K. SIKRI, J.

( 1 ) ALL these cases relate to complaints under sections 138 and 142 of the Negotiable instruments Act (in short the 'ni Act') based on dishonour of cheques. Further, in all these cases, the cheques are issued by and on behalf of a company incorporated under the Indian Companies Act or a partnership firm. The complainants, in addition to making the said companies/firms as principal accused, have also impleaded certain other persons in the capacity of their being directors or partners, as the case may be. Again, in all these cases, some of those directors or partners have come up and have filed these petitions under Section 482 of the Code of Criminal Procedure seeking quashing of summoning orders against them. Plea is also common in these cases. It is either contended that they ceased to be the Directors/partners before the cheque (s) was/were presented which got dishonoured and, therefore, since they had no concern with the company/firm as on the date of dishonour of the cheque (s), they could not be arraigned as accused persons. Or else, their contention is that they are not the persons who were in charge and responsible for the business of the company or the fi





























































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