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1998 Supreme(Guj) 219

M.H.KADRI
ANCHOR CAPITALS OF INDIA LIMITED – Appellant
Versus
STATE – Respondent


Advocates Appeared: K.P.RAVAL, M.J.DAGLI, Y.F.MEHTA

M. H. KADRI, J.

( 1 ) PETITIONERS have filed this application under Sec. 482 of the code of Criminal Procedure, 1973 (to be referred to as "the Code") to quash the complaint which is registered as Criminal Case No. 2793 of 1996 before the metropolitan Magistrate Court No. 16, Ahmedabad, for the offences punishable under sec. 138 of the Negotiable Instruments Act, 1881 (to be referred to as "the Act" ).

( 2 ) PETITIONER No. 1 Anchor Capitals of India Limited is doing business of financing and ancillary activities and in furtherance of the said activity, the Company had to appoint various agents to conduct the business of the Company, with limited authority and power. In the month of October 1996 it came to the notice of the present petitioner-Company that various agents have played fraud with the Company and have misused the cheques given to them. A newspaper item was published in the daily newspaper "lokdesh" on 5-2-1997 with regard to the fraud committed by the agents of the Company by misusing the cheques given to them. Respondent No. 2 had transaction with the agents of the Company at Ahmedabad, and had obtained cheques written in the name of Mahesh Label Company. Respondent No.
































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