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2004 Supreme(Jhk) 942

H.S.PRASAD
MOZAFFAR ALAM ANSARI ALIAS M, A. ANSARI – Appellant
Versus
STATE OF JHARKHAND – Respondent


Advocates Appeared:
P.Kumar, S.AKHTAR HUSSAIN, S.K.UGHAL, T.KABIRAJ

Judgment :

( 1 ) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceedings initiated as against the petitioner including the order dated 13-5-2002 passed in Complaint Case No. 443/2002, t. R. No. 797/2003, whereby and whereunder cognizance under Section 138 of the negotiable Instruments Act has been taken and also for quashing the order dated 5-6-2003, by which non-bailable warrant of arrest has been issued.

( 2 ) FACTS giving rise to the filing of this application are that the opposite party No. 2 filed a complaint case bearing Complaint case No. 443/2002 stating therein that the complainant is the sole proprietor of the firm, which is run in the name and style of hardware and Machinery Stores. The principal office of business and showroom is situated and located at Muslim Bazar, giridih, P. S. Giridih and the complainant is the authorized dealer of Generator of the various brand. It is further alleged that on 19-3-2001 accused persons came to the showroom of the complainant and this petitioner contacted the complainant-opposite party No. 2 for purchase of a generator set of 2. 2 KVA, Vidhata brand at a price o






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