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2020 Supreme(P&H) 1678

ARUN KUMAR TYAGI
Amritpal Singh – Appellant
Versus
Rahul Ahuja – Respondent


Advocates Appeared:
Mr. H.S. Brar, Advocate, for the Appellant; Mr. Gurcharan Dass, Advocate, for the Respondent

JUDGMENT

Arun Kumar Tyagi, J. (Oral). - The petitioner-accused has filed present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C) for setting aside order dated 01.10.2019 passed by learned Judicial Magistrate First Class, Ludhiana in COMA No. 2589 of 2014 titled as "Rahul Ahuja Vs. Amritpal Singh" filed by the respondent-complainant under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I. Act') whereby application filed by the petitioner-accused under Section 259 of the Cr.P.C. for converting the trial of the above mentioned complaint case from summons case to warrant case was dismissed.

2. Briefly stated, the facts relevant for disposal of the present petition are that the respondent-complainant filed above said complaint on the averments that the petitioner-accused executed agreement to sell dated 01.11.2013 agreeing to sell the property described therein for a sale consideration of Rs. 9,25,00,000/- by furnishing power of attorney from Krishan Singh Jagdev, owner of l/3 rd share and having authority and consent of Kovalam Investment and Trading Company Limited, owner of 2/3 rd share,

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