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2013 Supreme(Raj) 23

R.S.CHAUHAN
Mahavir Prasad Mansinghka – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
A.K. Sharma, Senior Counsel, assisted by Shailesh Prakash Sharma, for Petitioner;
Ms. Alka Bhatnagar, Public Prosecutor, for State;
Chetan Kumar Jain, for Respondents

Hon'ble CHAUHAN, J.—The petitioner, Mahaveer Prasad Mansinghka, is aggrieved by the order dated 07.10.1998 passed by the Additional Chief Judicial Magistrate (CR), Kota, whereby he had taken cognizance for offence under Section 138 of the Negotiable Instruments Act ('the Act' for short) against the petitioner and other co-accused persons. The petitioner is also aggrieved by the order dated 29.11.2010 passed by the Special Judicial Magistrate (N.I. Cases) Kota, whereby the learned Judge has rejected an application filed by the petitioner for quashing the criminal proceeding, qua him, which is pending before the learned trial Court in the form of criminal case No.1213 of 2005 (Sunil Jain vs. Smt. Mamta Virendra Kumar Mansinghka). Before this Court, the petitioner has prayed that the said criminal case, qua him should be quashed and set aside.

2. Brief facts of the case are that one Sunil Jain had filed a complaint against the petitioner and other co-accused persons for offence under Section 138 of the Act. In the complaint, he had alleged that M/s.Kilol Finance & Investment Private Limited (for short `M/s. KFIP Ltd.'), arrayed as accused No.2, and M/s. Mansinghka Oil Products Limited
















































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