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2010 Supreme(P&H) 2356

M.M.S.BEDI
Apex Health Care Private Limited – Appellant
Versus
Alchemist Hospitals Limited – Respondent


Advocates:
For the Petitioners:Mr. R.S. Cheema, Senior Advocate with Ms. Tanu Bedi, Advocate.
For the Respondent:Mr. Sanjeev Sharma, Senior Advocate with Mr. Vikram Sharda, Advocate.

JUDGMENT

Mr. M.M.S. Bedi, J.:- The present petition has been preferred by nine petitioners invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing of the order dated February 13, 2009, annexure P-1 passed by the Court of Judicial Magistrate Ist Class, Panchkula, summoning the petitioners under Section 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as ‘the Act’) and for quashing of the criminal complaint No.40 of February 13, 2009 titled ‘Alchemist Hospitals Limited Vs. Apex Health Care Private Ltd. Etc., annexure P-2.

2. The grounds for quashing as raised by Mr.R.S.Cheema, assisted by Ms.Tanu Bedi are that the complaint has been filed with ulterior object and malafide intention to harass the petitioners; the allegations in the complaint arise out of a Memorandum of Understanding (MOU) and are essentially contractual matters, which are purely civil in nature arising out of the contractual relationship and resultant commercial transaction having been given colour of a criminal offence; the reading of the complaint would make out that no offence has been committed by the petitioners; petitioner No.1 had, in advance advised the com









































































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