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2022 Supreme(Del) 818

SUDHIR KUMAR JAIN
GUNEET BHASIN – Appellant
Versus
STATE OF NCT OF DELHI – Respondent


Advocates appeared:
For the Appellant :Mr. Mandeep Singh Vinaik, Mr. Pawan Kumar Dhiman and Ms.Simmi Bhamrah Kumar, Advocates.
For the Respondent:Mr. Hitesh Vali , APP with Ms. Akanksha Sharma, Advocate for State/R-1. Ms. Sonal Anand, Mr.Aayush Sai and Ms.Surbhi Singh, Advocates for R-2.

JUDGMENT

1. The present petition is filed under section 482 Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) for quashing the criminal complaint titled as Amrit Pal Singh Bedi V International Trenching Pvt. Ltd. & Ors. bearing CC no. 6735/2019 and the summoning order dated 29.08.2019 (hereinafter referred to as the “impugned order”) passed by the court of Ms. Neha Pandey, Metropolitan Magistrate-03, West , Tis Hazari (hereinafter referred to as the “trial Court”).

2. The respondent no. 2/complainant (hereinafter referred to as the “respondent no. 2”) has filed a complaint under section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as the “NI Act”) titled as Amrit Pal Singh Bedi V International Trenching Pvt. Ltd. & Ors. bearing CC no. 6735/2019 on the allegations that the accused no. 1 i.e. M/s International Trenching Pvt. Ltd. (hereinafter referred to as the “accused no. 1”) is engaged in the business of trenching/fibre optic laying and allied services. The accused no. 2 (hereinafter referred to as the “petitioner”) and the accused no. 3, namely, Sumit Bhasin (hereinafter referred to as the “accused no. 3”) are the Directors of the acc


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