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2022 Supreme(P&H) 713

JASGURPREET SINGH PURI
Neeraj Goel – Appellant
Versus
Harshil Trading Co. – Respondent


Advocates:
Mr. Fateh Saini, Advocate, for the petitioner., for the Appellant; Mr. Arun Bansal, Advocate, for the respondent., for the Respondent

JUDGMENT

Jasgurpreet Singh Puri, J. (Oral) - The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of the Complaint bearing No.720 of 2016, dated 28.03.2016, under Sections 138/142 of the Negotiable Instruments Act titled as 'M/s Harshil Trading Co. Vs. Richi Rich Agro Foods (P) Ltd. and others' (Annexure P-4) and also quashing of the order dated 28.03.2016 (Annexure P-5), whereby the summoning orders have been issued to the petitioners.

2. Learned counsel for the petitioners has submitted that the present complaint was filed by the respondent-M/s Harshil Trading Co. under Section 138 read with 142 of the Negotiable Instruments Act against one Richi Rich Agro Foods (P) Ltd. and the present two petitioners and has further submitted that the said complaint was not maintainable and the consequent summoning order issued to the petitioners was also not maintainable in view of the fact that there is no specific averment made in the complaint that they were managing the affairs of the company. He also submitted that there is no valid reason assigned while the passing the order of summoning against the present petitioners for facing the trial an

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