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2014 Supreme(Raj) 103

MAHESH CHANDRA SHARMA
Bijoy Agarwal – Appellant
Versus
State of Raj. – Respondent


Advocates Appeared
Rishabh Khandelwal, for Petitioner;
Pradeep Shrimal, PP, for State;
R.K. Agarwal, Senior Advocate with Bharti Trivedi, for Respondent

Hon'ble SHARMA, J.—This criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing the Criminal Complaint No. 733 of 2012 filed by the respondent No. 2 before the court of Metropolitan Magistrate No. 17 Jaipur City Jaipur for offence under Section 138 of the Negotiable Instruments Act, 1881.

2. The brief and relevant facts giving rise to this criminal misc. petition are that the complainant has filed a complaint under Section 138 of the Negotiable Instruments Act, interalia alleging that M/s. Gee Pee InfoTech Pvt. Ltd. had allegedly executed an agreement dated 19.1.2012 with the complainant where upon it was vaguely alleged without any specific reference that the accused had provided a Portal, which purportedly was to be activated by the accused, however, it was alleged by the complainant that the said Portal was never activated by the accused as M/s. Gee Pee InfoTech. Pvt. Ltd. was not able to secure a contract with BSNL because of which, it was alleged that M/s. Gee Pee InfoTech Pvt. Ltd. had returned the amount of Rs. 65 lacs by cheque No.943163 dated 15.5.2012 ICICI Bank Ballygunge Branch, Kolkata to the complainant. It is alleged that the complainant himself















































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