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2019 Supreme(All) 831

SUDHIR AGARWAL
Ganesh Anhydride Ltd – Appellant
Versus
Addl Chief Judicial Magistrate – Respondent


Advocates:
Advocate Appeared:
Vijai Prakash, Adv., Vipin Saxena, Adv.

JUDGMENT :

Sudhir Agarwal, J.

This application under Section 482 Cr.P.C. has been filed by M/s Ganesh Anhydride Ltd. and nine others with a prayer to quash Complaint Case No. 805 of 2004 pending in the Court of Additional Chief Judicial Magistrate, Ghaziabad under Sections 138, 141, 142 of Negotiable Instruments Act, 1981 (hereinafter referred to as "Act, 1981") read with Section 420 IPC and also to set aside summoning order dated 21.03.2002 as also bailable warrant dated 14.12.2004.

2. Facts in brief giving rise to present application are that M/s Morgan Securities and Credit Pvt. Ltd. (hereinafter referred to as "Complainant") has its registered office at 53, Friends Colony, East, New Delhi. It is a Company incorporated under the provisions of Companies Act, 1956 (hereinafter referred to as "Act, 1956"). Similarly, applicant-M/s Ganesh Anhydride Ltd. (hereinafter referred to as "Accused-1") is also a Company registered and incorporated under the provisions of Act, 1956 and Accused-2 to 10 are Managing Director, Directors and other persons, incharge, and responsible for conduct of business of Accused-1. Accused-3, Ramesh Pilani, approached Complainant for financial assistance to meet

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