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2022 Supreme(Jhk) 1285

SANJAY KUMAR DWIVEDI
Yusuf Karim Khan, son of Mehboob Zaman Khan – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Indrajit Sinha, Mr. Ajay Kumar Sah.
For the Opp. Parties : Mr. Rohitashya Roy, Mr. Bhola Nath Ojha.

JUDGMENT :

1. Heard Mr. Indrajit Sinha, the learned counsel appearing for the petitioner, Mr. Rohitashya Roy the learned counsel appearing on behalf of the O.P.No.2 and Mr. Bhola Nath Ojha, the learned counsel appearing on behalf of the respondent State.

2. This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 23.08.2016 initiated against the petitioner under section 138 read with section 141 of the Negotiable Instruments Act, 1881, arising out of Complaint Case No.C1/117/2015, pending before learned Chief Judicial Magistrate, Singhbhum West, Chaibasa, Jharkhand.

3. The complaint case has been lodged alleging therein that the accused No.1 M/s Elder Pharmaceuticals Ltd., which is a public limited company, duly incorporated under the provisions of Indian Companies Act, 1956 and nos.2,3 and 6 (petitioners) are the Directors/authorized signatories of accused no.1, and the remaining 6 accused persons are responsible for the day-to-day affairs of the accused no.1 and it is on the alleged representations and requests of the accused no.2 (Alok Saxena), 3 (M.V.Thomas) and 6(petitioner) for and on behalf of the accused no.1, th

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