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2009 Supreme(J&K) 233

MUZAFFAR HUSSAIN ATTAR
Sunil Choudhary – Appellant
Versus
Alisha Enterprises – Respondent


Advocates Appeared:
Advocate For Appellant: S.K. Anand

1. This petition under section 561-A Code of Criminal Procedure has been filed seeking issuance of orders by this court for quashing the complaint and for quashing the proceedings and order dated 17th March 2009 filed by respondent against the petitioners Under Section 138 Negotiable Instruments Act, 1881 (hereinafter referred to as the Act of 1881).

2. The facts are briefly summarized as under;

Respondent has filed a complaint against the petitioners u/s 138 of the Act of 1881 which complaint is pending on the files of Ld. Judicial Magistrate First Class (4th Addl. Munsiff) Jammu. The complaint is filed on behalf of `M/s Alisha Enterprises which is a proprietorship concern of Smt. Rashmi Gupta and Smt. Rashmi Gupta has filed this complaint through her attorney holder Sh. Karnail Chand, Manager Accounts, of the said business concern, who is an attorney holder of the complainant Smt. Rashmi Gupta. Copy of power of attorney has been annexed with the complaint. In the complaint it is alleged that petitioner No.1 is a partnership concern/firm and petitioner No.2 is one of its partners who is incharge and responsible for conduct and control of business of the partnership firm. It is furth



























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