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2024 Supreme(HP) 242

RAKESH KAINTHLA
Sumit Juneja – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Gangan Oberoi, Adv.
For the Respondents:Ms. Avni Kochhar, Deputy Advocate General.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for quashing the complaint titled M/S PDC Healthcare versus M/S Saintlife Medicine Pvt. Ltd. & another bearing complaint No. NIA/49/2018, pending before the learned Judicial Magistrate First Class (JMFC), Paonta Sahib, District Sirmour, HP and all consequent proceedings arising there from and summoning order dated 03.02.2018.

2. Briefly stated, the respondent No.2 (complainant before the learned Trial Court) filed a complaint against the petitioner (accused No. 2 before the learned Trial Court) for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience). It was asserted that the complainant firm manufactures pharma products. Anil Kumar is the Managing Partner and he is looking after the affairs of the firm. Accused No.1 is a Private Limited Company and accused No.2, is the Managing Director /authorized signatory of the Company. He is looking after the affairs and managing the daily affairs of the Company. The accused were regular customers of th

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