HARKESH MANUJA
Nikhil Goyal – Appellant
Versus
Harish Gaba – Respondent
HARKESH MANUJA, J.
1. By way of present petition filed under Section 482 Cr.P.C., prayer has been made for quashing of complaint dated 26.03.2018 bearing case CIS No. NACT-705 of 2018, titled as "Harish Gaba vs. M/s Atul Goyal & sons HUF and others" as well as order of learned JMIC, Panipat, passed on 20.07.2018 whereby the petitioners have been summoned under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act").
2. As per the complaint, facts of the case are that respondent No.3 is a Hindu Undivided Family (for short ‘HUF’) of the petitioners and respondent No.4 is Karta, indulged in the business of Handloom & Textile and looking after its day-to-day affairs; whereas petitioner No.3 is wife and petitioner Nos.1 & 2 are sons of respondent No.4. It has been stated in the complaint that on account of family relations, respondent No.1/complainant was approached by accused persons and requested to pay Rs.10,00,000/- for personal necessities of their business who accordingly transferred Rs. 10,00,000/- on 18.05.2017 vide RTGS. In the month of January 2018, respondent No.1 approached respondent No.4 and requested to return the borrowed amount. Thereafter, he issued a
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