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2024 Supreme(Raj) 638

ANIL KUMAR UPMAN
Pankaj Anand Mudholkar S/o Shri Anand Mudholkar – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Satish Kumar Khandal, Mr. Sandeep Bansiwal
For the Respondent: Mr. Chandragupt Chopra, PP
For the Complainant : Mr. Rajneesh Gupta

ORDER :

Anil Kumar Upman, J.

1. These misc. petitions under Section 482 Cr.P.C. have been preferred by the petitioners herein for quashing of proceedings of complaint No.10057/14, filed under Section 138 of the Negotiable Instrument Act, 1881 (in short the ‘NI Act’) by respondent No.2, before learned Judicial Magistrate, No.2, Gangapur City, Sawaimadhopur.

2. It is the case of the petitioners and so contended by their counsel that the proceedings have been initiated by respondent No. 2 against the petitioners before the learned Trial Magistrate, under Section 138 of the N.I. Act purportedly on the ground that petitioners were active Directors in Neesa Leisure Ltd., (hereinafter referred to as "the company") where respondent No.2 made two fixed deposits on 12.09.2013 and 21.09.2013 of Rs.4,00,000/- (Four Lakh Rupees) each. According to him, cheque bearing No. 032149 dated 11.03.2014 for an amount of Rs. 4,00,000/- (Four Lakh Rupees) was issued by one Manoj Singhal, who happens to be Managing Director of the company and another cheque bearing No. 056468 dated 20.03.2014 for an amount of Rs. 4,00,000/- (Four Lakh Rupees), was issued by authorized officer of the company. The said cheques

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