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1991 Supreme(All) 823

ALOK KUMAR BASU
SHARDA AGARWAL – Appellant
Versus
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE 2, KANPUR – Respondent


Advocates Appeared:
AMAR NATH SRIVASTAVA, Shashi Kant Gupta

ALOK KUMAR BASU, J.

( 1 )

( 2 ) THIS is an application under S. 482, Cr. P. C. filed by Smt. Sharda Agarwal, Smt. Kiran Agarwal and Sri M. P. Agarwal who are admittedly Directors of a Company named and styled M/s. Madhu Chandra Techno Chem Complex Private Limited challenging the process issued against them by Chief Metropolitan Magistrate, Kanpur on 17-1-1990 in Complaint Case No. 1116 of 1990 under Section 138 of Indian Negotiable Instruments Act.

( 3 ) THE facts are that M/ s. Karam Chand Thapar and Brothers, a company having registered office at Calcutta and its branch office at Thapar House, Kanpur, has filed the aforesaid complaint through its Deputy Manager Vishalpuri against four accused. Three of the accused are the applicants and the fourth one is Sri. P. K. Agarwal, Managing Director of the aforesaid company M/ s. Madhu Chandra Techno Chem Complex Pvt. Ltd. It is said in para 2 of the complaint that P. K. Agrawal is the Managing Director while the applicants are the Directors and as such all of them are jointly and severally liable for the act of omission and commission of the offence committed by the company. In para 3 it is stated that accused persons had appointed the c









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