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1993 Supreme(All) 357

H.N.TILHARI
V D AGARWAL – Appellant
Versus
IST ADDITIONAL MUNSIF MAGISTRATE LUCKNOW – Respondent


H. N. TILHARI, J.

( 1 ) - By this writ petition in the petitioners have sought relief for "issuance of a writ or order or direction in the nature of writ of certiorari quashing the proceedings taken against the petitioners under Sections 134 and 141 of the Negotiable instruments Act pending before opposite party No. 1, that is Ist Additional Munsif magistrate, Lucknow in case No. 7 of 1992. The petitioners have further sought the relief of issuance of writ or order or direction in the nature of mandamus commanding the opposite party No. 1 not to proceed against them, that in the petitioners, till the final disposal of the writ petition.

( 2 ) THE facts of the case i. e. , the petitioners case in brief is that petitioner No. 1 is a Director of the Company, that is petitioner No. 2 and is managing the affairs of the Company. That opposite/party No. 2 namely Ram Kumar Gupta filed the complaint under Section 138/141 of the Negotiable Instruments Act on 17. 9. 1991. A copy of the complaint has been annexed as Annexure No. 1 to the writ petition. The petitioners case is that opposite-party No. 1 has taken cognizance of that complaint and issued summons to the petitioners in July 1992. The
























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