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2019 Supreme(All) 1545

J.J.MUNIR
Gulshan Seth – Appellant
Versus
Addl. Chief Magistrate – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vijaya Prakash
For the Respondent:Govt. Advocate, Amit Daga

JUDGMENT :

J.J. MUNIR, J.

1. This application under Section 482 Cr.P.C. seeks to quash the entire proceedings of Complaint Case No. 967/2004 'Smt. P.K. Bhatti vs. Gulashan Seth' under Section 138 Negotiable Instruments Act pending in the Court of the learned Additional Chief Judicial Magistrate, Meerut. A summoning order dated 21.06.2004, passed by the Magistrate in the case has also been sought to be set aside.

2. This is an old assigned matter, and despite best efforts made by this Court to secure the presence of the learned counsel for the applicant, he has not appeared on 17.01.2019. The matter was heard with the assistance of Sri Amit Daga, learned counsel appearing on behalf of opposite party no. 2 and Sri Vinod Kant, the learned Additional Advocate General assisted by Sri Akhilesh Kumar Mishra, learned AGA, appearing on behalf of the State. Records of the case were perused and orders reserved.

3. A perusal of the complaint annexed as annexure no. 1 to the affidavit filed in support of the application, shows that the impugned proceedings have arisen in the background of facts that the applicant, who is hereinafter referred to as the 'accused', is a son-in-law to the complainant.

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