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2004 Supreme(All) 2374

V.K.CHATURVEDI
Harbhajan Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
AMIT MISHRA, ARUN KUMAR, G.S.Chaturvedi, MANOJ MISHRA, R.P.SINGH, S.S.GILL, SHASHANK, SHEKHAR, VIRESH MISHRA,

( 1 ) HARBHAJAN Singh and six others have filed the application under S. 482, cr. P. C. on 13-4-2001 with the prayer to quash entire proceedings in Criminal Complaint No. 2263 of 1995 between steel Authority of India (opposite party No. 2) v. Harbhajan Singh and others (petitioners), under Ss. 138-142 of Negotiable Instruments Act pending in the Court of Addl. Chief Judicial Magistrate, Ghaziabad. Further prayer made is that the proceedings in the above noted case be also stayed.

( 2 ) BY an interim order dated 30-4-2001, the proceedings were stayed.

( 3 ) HEARD Sri Viresh Mishra, senior counsel assisted by Sri R. P. Singh for the petitioners and Sri G. S. Chaturvedi, senior counsel assisted by Sri Shashank Shekhar for opposite party No. 2 and learned A. G. A.

( 4 ) COUNTER-AFFIDAVIT and rejoinder-affidavit have been exchanged between the parties and I have perused the entire materials on record.

( 5 ) IT is contended by Sri Misra, counsel for the petitioners that it was incumbent upon the opposite party No. 2 Steel Authority of India (hereinafter referred to as SAIL)to inform the petitioners before presentation of the cheque in bank for encashment. It is also contended that as per










































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