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2023 Supreme(P&H) 1732

SANJIV BERRY
Rajiv Kumar Gupta – Appellant
Versus
Sonu Kadyan – Respondent


Advocates appeared:
For the Parties : Mr. Rahul Jaiswal, Mr. Viren Jain, Ms. Alisha Soni

Judgment

Mr. Sanjiv Berry, J.

The instant petition has been preferred by the petitioner under Section 482 of the Code of Criminal Procedure for seeking quashing of complaint No.199 of 2018, dated 17.09.2018, titled as “Sonu Kadyan Vs. Rajiv Kumar Gupta” (Annexure P-1) whereby petitioner has been summoned for commission of offence punishable under Section 138 of the Negotiable Instruments Act, vide order dated 05.12.2018 (Annexure P-2), passed by learned Additional Civil Judge (Sr. Division)-cum-Sub Divisional Magistrate, Samalkha, and all subsequent proceedings arising therefrom.

2. In nutshell, the brief facts of the case are that a complaint under Section 138 of the Negotiable Instrument Act (hereinafter referred to as the ‘N.I. Act’ in short) has been filed before learned Additional Civil Judge (Sr. Division)-cum-Sub Divisional Magistrate, Samalkha, stating that petitioner and the complainant were known to each other. Petitioner was working as Asst. Engineer, (Broadcasting) at New Broad casting House, Parliament Street, New Delhi. Petitioner had disclosed that he had good relations with higher officers in Radio Station and permanent posts of clerks are lying vacant there, if the co

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