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2013 Supreme(P&H) 894

Hemant Gupta, Fateh Deep Singh
Charashni Kumar Talwani – Appellant
Versus
Malhotra Poultries, Naraingarh Road, Barwala – Respondent


Advocates:
For the Petitioner:Mr. Ashok Gupta, Advocate.
For the Respondent:Mr. Aman Bahri, Advocate.

Judgement Key Points

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JUDGMENT

Mr. Fateh Deep Singh J.:- A petition, under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”), has been preferred by petitioner Charashni Kumar Talwani, seeking quashing of criminal complaint filed by respondent M/s Malhotra Poultries, under Section 138 of the Negotiable Instruments Act (for short ‘the Act’), pending before the learned Judicial Magistrate 1st Class, Panchkula.

2. The brief background as to what has led to this is that during the se proceedings, the petitioner had earlier raised question of territorial jurisdiction of the Court at Panchkula, which prayer was declined by the learned trial Magistrate. Against this a revision was preferred before the learned Sessions Court, which was accepted and the matter was remitted back. It is in the light of this, vide order dated 31.10.2011, the present petitioner was summoned in this complaint as an accused by the learned Judicial Magistrate. Before the learned trial Court, the petitioner submitted that the present complaint was in respect of dishonour of ten cheques which constitute separate offences and therefore, the accused cannot be tried together. It is argued that under the provisions of Sectio










































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