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2015 Supreme(P&H) 1005

DAYA CHAUDHARY
Nitin Chadha – Appellant
Versus
Swastik Vegetable Products Pvt. Ltd. – Respondent


Advocates:
For the Petitioner:Mr. Namit Gautam, Advocate.
For the Respondent No.1:Mr. H.S. Ghuman, Advocate.
For the Respondent No.2:Mr. Sunil Narang, Advocate.

JUDGMENT

Mrs. Daya Chaudhary, J.: - By this judgment, three petitions bearing Crl. Misc. Nos. M- 37492, 38472 and 37522 of 2012 shall stand disposed of as common question of law and facts are involved in all the three cases. However, for the sake of convenience, the facts are being extracted from Crl. Misc. No. M-37492 of 2012.

2. The present petition has been filed under Section 482 Cr.P.C. for quashing of complaint No. 14727 of 2012 dated 20.7.2012 as well as summoning order dated 8.8.2012 passed by JMIC, Ludhiana and all subsequent proceedings arising therefrom.

3. Briefly, the facts of the case as made out in the petition are that the petitioner took a loan of Rs. 15 lacs from respondent No.1-company in three instalments and he, thereafter, issued three post dated cheques dated 29.5.2012 of Rs. 5 lac each, towards repayment of the loan by mentioning ‘yourself’. As per case of the petitioner, a Real Time Gross Settlement Fund Application Form (RTGS) was filled by him along with each cheque. On presentation of cheques along with RTGS forms for transfer of Rs. 15 lacs from the petitioner’s account to the account of respondent No.1, the same were returned with the remarks ‘funds in






































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