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2022 Supreme(P&H) 1825

VINOD S. BHARDWAJ
Bhaskaraiah Pothugunta – Appellant
Versus
Partap Rudra Dass – Respondent


Advocates appeared:
Mr. Ashish Gupta, Advocate, for the Appellant; Mr. Rishi Pal Singh, Advocate, for the Respondent

JUDGMENT

Vinod S. Bhardwaj, J. - The question that arises for consideration in the instant petition is as to whether a person can be summoned and prosecuted for dishonor of a cheque under Section 138/142 of the Negotiable Instruments Act, on account of being a joint account holder with the drawer of the cheque?

2. This instant petition under Section 482 Cr.P.C., has been filed for quashing of the Complaint No.NACT-1243 of 2016 instituted on 16.11.2016 (Annexure P-1) under Section 138/142 of Negotiable Instruments Act 1881 and summoning order dated 20.05.2017 (Annexure P-2) vide which the petitioners have been summoned under Section 138 of N.I. Act, passed by Judicial Magistrate Ist Class, Kurukshetra, District Kurukshetra, order dated 13.08.2018 (Annexure P-3), order dated 13.11.2018 (Annexure P-5) and order dated 30.08.2019 (Annexure P-11) alongwith all the consequential proceedings in the complaint (Annexure P-1) pending in the Court of JMIC, Kurukshetra.

Facts:-

3. The respondent-complainant filed a complaint against the petitioners along with the drawer of the cheque alleging that the petitioners being followers of ISKCON introduced themselves to the complainant as Directors of Ver

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