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2023 Supreme(Del) 4502

SWARANA KANTA SHARMA
Bina Jain – Appellant
Versus
State – Respondent


Advocates appeared:
Ms. Kaur and Mr. Manmeet Singh Arora and Mr. Mudit Dewan, Advocates, for the Petitioners.
Mr. Naresh Kumar Chahar, APP the for State.
Mr. Nishad L.S., Advocate for R-2. CORAM:

JUDGMENT

Swarana Kanta Sharma, J.

1. By way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter `Cr.P.C.'), the petitioners seek quashing of summoning order dated 22.10.2018 passed by learned Metropolitan Magistrate (NI Act)-02, Patiala House Courts, New Delhi in Criminal Complaint No. 15254/18 titled as "S.A. Consultants and Forwarders Pvt. Ltd. vs. M/s Cargo Planners Private Limited and Ors." and all its consequent proceedings, so far as it relates the petitioners.

2. A perusal of the complaint under Section 138 of Negotiable Instruments Act, 1881 (hereinafter `NI Act') reveals that the complainant/respondent no. 2 i.e. `S.A Consultants & Forwarders Pvt. Ltd.', a Private Limited Company, had filed the present complaint against the accused company/accused no. 1 i.e. `M/s Cargo Planners Ltd.', whose directors were accused no. 2 Bina Jain (petitioner no. 1), accused no. 3 Shikhar Chandra Jain, accused no. 4 Shivi Jain and accused no. 5 Ramesh Chand Jain (petitioner no. 2) whereas accused no. 6 Tulika Gaharwar (petitioner no. 3) was the Company Secretary. The case of complainant was that it was involved in providing services of air fr

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