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2010 Supreme(P&H) 3264

NIRMALJIT KAUR
Naval Enterprises – Appellant
Versus
Pasco Export – Respondent


Advocates:
For the Petitioners:Mr. Akshay Bhan, Advocate.
For the Respondent:Mr. D S Sobti, Advocate.

JUDGMENT

Ms. Nirmaljit Kaur, J. (Oral) - This is a petition under Section 482 Cr.P.C for quashing of impugned order dated 30.10.2010 passed by the Judicial Magistrate Ist Class, Ludhiana to the extent of imposing of condition No.1 thereby requiring the applicant-petitioner to deposit Rs.28,00,000/-.

2. The facts of the case, in short, are that two complaints under Section 138 of the Negotiable Instrument Act were preferred by one Brij Lal Gupta on account of dishonour of cheques amounting to Rs.28,00,000/- and Rs.26,00,000/-, respectively, which were given to Brij Lal and his son namely, Krishan Lal by petitioner No. 2. He was accordingly, summoned. Since, the petitioner could not be served, bailable warrants and non-bailable warrants were issued against him. He was declared proclaimed offender on 01.07.2010. The petitioner finally appeared before the concerned court where the aforesaid complaints are pending and furnished his bail bonds. His bail bonds were accepted by the concerned Judicial Magistrate.

3. Petitioner No. 2 is residing in Dubai along with his entire family for the last ten years. Accordingly, an application dated 19.10.2010 was moved by the petitioner seeking permi














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