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2017 Supreme(All) 2574

ANIL KUMAR SRIVASTAVA II
VIMLA DEVI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Anurag Shukla, Advocate.
For the Respondent:Sachin Garg, Govt. Advocate

JUDGMENT :

ANIL KUMAR SRIVASTAVA-II, J.

1. Heard Shri Anurag Shukla learned counsel for the petitioner, Shri N.K. Seth, Senior Advocate assisted by Shri Sachin Garg.

2. Petitioners have filed this petition under Section 482 Cr.P.C, 1973 for quashing of the proceedings of the Complaint Case No. 866 of 2005, Indo Gulf Fertilizers Limited v. M/s Vinod Kumar and Company under section 138 of Negotiable Instruments Act pending before court of Special Judicial Magistrate (Pollution) Lucknow and also the orders dated 23.11.2007 and 15.12.2005 as contained in Annexures 9 and 7 of the petition.

3. A complaint under Section 138 Negotiable Instruments Act was filed by the opposite party No. 2 Indo Gulf Fertilizers Limited, a public limited company, through its authorized representative Shri K.K. Jindal, Manager (Marketing Accounts) of the company. It is alleged that the accused No. 2 to 4, i.e., Vivek Kumar (non-petitioner), Vimla Devi (petitioner No. 1), Munni Devi (petitioner No. 2) are carrying on business in partnership under the firm name and style M/s. Vinod Kumar and Company (accused No. 1) having its registered office at Farrukhabad. On the request of the accused persons opposite party No.




























































































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