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2019 Supreme(Del) 2585

ANU MALHOTRA
Rakesh Arora – Appellant
Versus
Hamdard (Wakf) Laboratories – Respondent


Advocates Appeared:
For the Appellant :T.K. Ganju, Sr. Adv. and Rohit Gandhi, Advocate
For the Respondents: Pawan Upadhyay, Adv.

JUDGMENT ;

Anu Malhotra, J.

1. The three petitions bearing CRL. M.C. No. 2811/2016, CRL. M.C. No. 2814/2016 & CRL. M.C. No. 2815/2016 filed by the same petitioner Shri Rakesh Arora against the same respondent Hamdard (Wakf) Laboratories seek the quashing of the summoning order dated 22.03.2006 in CC No. 2174/2001, order dated 02.12.2005 in CC No. 2175/2001 and order dated 27.04.2006 in CC No. 2176/2001 whereby the petitioner herein has in each of the said cases been summoned for the alleged commission of the offences punishable under Section 138 of the Negotiable Instrument Act, 1881. The said three orders read to the effect:

    (i) Order dated 22.03.2006 in CC No. 2174/2001:-

"File received on transfer. It be checked and registered as per rules.

Affidavit of CW1 Sh. Javed Akhtar filed in pre-summoning evidence of the complainant. Be taken on record.

I have gone through the material available on record. I found sufficient material on record to summon the accused for the offence U/S. 138 of the Negotiable Instruments Act. 1 hereby take the cognizance of the offence and summon the accused of trail.

Issue summons to the accused on the filing of PF/RC/Speed Post/Courier for 03.08.2006."

(ii) Ord

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