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2012 Supreme(P&H) 738

DAYA CHAUDHARY
Sameer Bharati – Appellant
Versus
State of Haryana – Respondent


Advocates:
Present:Mr. O.S. Batalvi, Advocate for the petitioner in Criminal Misc. Nos. M-20785, M-20789, M-20815, M-20820 & M-20988 of 2010.
Mr. S.K. Verma, Advocate for the petitioner in Criminal Misc. Nos. M-26017, M-26023, M-26264 & M-26536 of 2010.
Mr. S.S. Nara, Sr. D.A.G., Haryana, for respondent No.1 - State.
Mr. G.S. Sandhu, Advocate, for respondent No.2.

JUDGMENT

Mrs. Daya Chaudhary, J.: - By this judgment of mine, nine petitions bearing Criminal Misc. No. M-20785 of 2010, Criminal Misc. No. M-20789 of 2010, Criminal Misc. No. M-26017 of 2010, Criminal Misc. No. M-20815 of 2010, Criminal Misc. No. M-20820 of 2010, Criminal Misc. No. M- 20988 of 2010, Criminal Misc. No. M-26023 of 2010, Criminal Misc. No. M-26264 of 2010, Criminal Misc. No. M-26536 of 2010 shall be disposed of. However, the facts are being taken from Criminal Misc. No. M-20785 of 2010.

2. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing of complaint No.757 dated 22.12.2007 filed under Sections 138/142 read with Section 141 of the Negotiable Instruments Act, 1881 (for short “the Act”) as well as the summoning order dated 22.12.2007 and other proceedings arising therefrom.

3. As per case of the petitioner, he was working as Additional Director in the company of the respondent and was not whole time director and has falsely been implicated in the case. The petitioner was neither the partner nor signatory of the cheques in dispute and was not involved for the day-to-day affairs of the company. He was working under t




























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