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2011 Supreme(P&H) 803

NIRMALJIT KAUR
Jai Mata Traders – Appellant
Versus
Unique Foundary Regd. – Respondent


Advocates:
For the Petitioner:Mr. Sandeep Arora, Advocate.
For the Respondent:Mr. M.S. Sachdev, Advocate.

JUDGMENT

Mr. Nirmaljit Kaur, J.: - This is a petition under Section 482 Cr.P.C for setting aside the order dated 12.08.2008 passed by the Judicial Magistrate Ist Class, Jalandhar, vide which, the application filed by the petitioner for inserting ‘proprietor Ashok Kumar’ in between Jai Mata Traders and HUF was rejected with a further prayer for allowing the petitioner to insert the words proprietor Ashok Kumar in between Jai Mata Traders and HUF in the title of Complaint No.591/2/04 under Section 138 of the Negotiable Instruments Act titled as “M/s Jai Mata Traders vs. Unique Foundry and others” filed by the petitioner against the respondents pending in the Court of Judicial Magistrate Ist Class, Jalandhar.

2. The facts, in short are, that the petitioner M/s Jai Mata Traders had filed a complaint under Section 138 of the Negotiable Instruments Act against respondents No.1 to 4 on account of dishonor of three cheques of Rs.20,000/- each. During the pendency of the above said complaint, the petitioner had moved an application for inserting the word ‘proprietor Ashok Kumar’ in between Jai Mata Traders and HUF in the title of the complaint. Due to sheer over sightedness in the head note










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