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2017 Supreme(Ker) 874

ALEXANDER THOMAS
P. M. Augustine Babu – Appellant
Versus
Mohd. Samiur Rahman Ansari – Respondent


Advocates Appeared:
For the Petitioner: Mathew Sebastian.

JUDGMENT :

1. The prayer in both these Original Petitions purportedly filed under Article 226(2) of the Constitution of India is to quash the complaints impugned in these petitions. The petitioner in both the cases is the same person. The petitioner in O.P. (Crl.) No. 454 of 2016 is accused for the offence punishable under Section 138 of the Negotiable Instruments Act in C.C. No. 911 of 2016 on the file of the Chief Metropolitan Magistrate, District South East, Saket Court complex, New Delhi, instituted on the basis of a complaint filed by the first respondent in that petition. Whereas in the unnumbered O.P. (Crl.) the petitioner is accused for the same offence in C.C. No. 754/1 of 2016 on the file of the Chief Metropolitan Magistrate Court, Dist. New Delhi, Patiala House Courts, New Delhi, instituted on the basis of a complaint filed by the first respondent in that petition.

2. In both the complaints, the petitioner herein is accused No. 1 and it is described in the cause title of the complaints that he is the authorised signatory, owner and proprietor of M/s. Perfect Drilling General Construction Establishment (accused No. 2) through its Manager, owner or Proprietor. According to t









































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