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2006 Supreme(J&K) 217

Y.P.NARGOTRA
Shekhar Suman – Appellant
Versus
Shiv Shanker Associates – Respondent


Advocates Appeared:
Advocate For Appellant: B.S. Salathia
Advocate For Appellant: Rakesh Dogra
Advocate For Respondent: K.S. Johal
Advocate For Appellant: D.S. Chouhan
Advocate For Appellant: R.S. Pathania
Advocate For Appellant: Munish Chopra
Advocate For Appellant: Rakesh Sharma
Advocate For Appellant: Akshay Anand

1. By this common order this batch of petitions based on common question of law and facts are being disposed of.

2. Through these petitions petitioner-accused No.5 Shekhar Suman seeks to invoke Section 561-A of the Code of Criminal Procedure for quashing the complaints pending in the Court of Spl. Excise Mobile Magistrate, Jammu by which cognizance has been taken and process has been issued against him. The accused/Company Growell Multi Trade India Ltd. issued cheques in favour of the complainant. On complainants producing the cheques in the Bank concerned through its banker, the same were dishonored and returned with the memo indicating that funds were insufficient in the account. Undoubtedly, cheques have been issued and signed on behalf of the company by the accused No.3/Director and Promoter of Growell Multi Company and not by the accused/petitioner, yet the complainants have filed the complaints for prosecuting the accused/petitioner for commission of the offence under Section 138 read with Section 141 of Negotiable Instruments Act, (here-in-after called the Act).

3. The case of the accused/petitioner is that he has unnecessarily been arrayed as an accused, whereas he has nothin


















































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