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2022 Supreme(P&H) 1077

SURESHWAR THAKUR
Amandeep Kaur – Appellant
Versus
Sarvesh Kumar And Anr – Respondent


Advocates:
Mr. Rajiv Kataria, Advocate for the Appellant; Mr. Vaibhav Sehgal, Advocate for respondents.

JUDGMENT

Sureshwar Thakur, J. (Oral) - Against the petitioner, complaint bearing No.COMA-59-2016 of 23.03.2017 became instituted before the learned JMIC, Ludhiana. The complaint (supra), was cast under the provisions of Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act). The learned Magistrate concerned, after perusing the preliminary evidence, as became adduced qua the complaint (supra), proceeded to make a summoning order, upon, the petitioner herein.

2. The petitioner becomes aggrieved from the summoning order, issued upon her, and, has prayed for the quashing of the summoning order made on 04.01.2016 hence appended as Annexure P-2, with the instant petition.

Moreover, the petitioner has also asked for the quashing of the complaint (supra).

3. During the pendency of the complaint (supra), admittedly a compromise occurred inter-se the complainant, and, the petitioner herein, and, also with one Gurmeet Singh, the real brother of the petitioner herein. In the afore drawn compromise, the real brother of the petitioner herein, namely Gurmeet Singh, undertook to discharge the liabilities, as became encumbered, upon the petitioner herein, and, as arises from

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