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2012 Supreme(Del) 2511

M.L.MEHTA
National Small Industries Corp. Ltd. – Appellant
Versus
Shakuntla Goswami – Respondent


Advocates:
For the Petitioner:Mr. Shivnath Kumar, Adv. with Mr. M.P. Singh, Advocate.

JUDGMENT :

M.L. Mehta, J.

1. By way of this common order, the nine connected matters are being disposed of. In all these matters, applications are filed under Section 378(4) Cr.P.C. read with Section 482 Cr.P.C., seeking leave to appeal against the orders dated 27.04.2010 passed by the Court of Ld. M.M. in the Complaints, which were filed by the petitioner against the respondents under Section 138 of Negotiable Instruments Act (for short the Act').

2. Brief facts of the case are that the Complaints were filed by the petitioner against the respondent no. 1 in the year 2004, due to the dishonor of 10 cheques issued in discharge of its contractual liability, and summons were issued to the respondents in the year 2005 and 2006. The events that unfolded after the issuance of summons against the respondents paint a sordid picture of the affairs in the legal department of the petitioner company. On 15.03.2010 fresh summons were issued against the accused, but neither the petitioner nor the main counsel of the petitioner was present on that date and it is contended that the proxy counsel did not inform the main counsel about the proceedings. Thereafter, the petitioner did not appear before th






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