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2023 Supreme(All) 254

SADHNA RANI THAKUR
Prashant Tyagi – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Applicants : Amrendra Nath Rai, Sanjay Singh.
For the Opposite Parties : Abhinav Gaur, Anoop Trivedi, Vibhu Rai.

JUDGMENT :

(Sadhna Rani (Thakur), J.)

1. Heard learned counsel for the applicants, learned counsel for opposite party no.2 and perused the record.

2. By moving this application under Section 482 Cr.P.C., the prayer is made to quash summoning order dated 25.11.2016 passed by the Upper Nyayalaya Pratham, Ghaziabad in C.C. No.70/2016 under Section 138 Negotiable Instruments Act and also to set aside order dated 22.02.2018 passed by the Additional Session Judge, Court No.15, Ghaziabad in Criminal Revision No.19 of 2017.

3. As per facts of the case, a complaint was filed by opposite party no.2 on 13.10.2016 against the applicants and six other persons with the version that opposite party no.2 was a limited Company registered under Companies Act and Vijay Kumar son of late Sri Satpal was authorized to filed complaint on behalf of the Company. The opposite party no.2 was indulged in the business of purchasing, selling and the construction of properties. Opposite party no.1 (in the complaint) M/S C.S.K. Infrastructure Pvt. Ltd. was a registered Company. Opposite parties no.2 to 6 were its Directors and officers and opposite parties no.7 to 9 were the Company's authorized representatives. Op

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