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2023 Supreme(All) 347

UMESH CHANDRA SHARMA
Pawan Garg – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Shyam Shankar Mishra, Vijay Kumar Mishra.

JUDGMENT :

1. Heard Sri Shyam Shankar Mishra, learned counsel for the applicant, Sri Pankaj Tripathi, learned A.G.A. for the State and perused the record.

2. This application has been filed by the application to quash the entire criminal proceedings in Criminal Complaint Case No. 12120 of 2020 - R & S Air Conditioning Vs. M/s Aircon Gallery, under Section 138 N.I. Act, pending in the Court of Civil Judge (Junior Division), F.T.C. / Judicial Magistrate, Ghaziabad.

3. In brief, facts of the case are that opposite party no. 2 instituted a complaint under Section 138 of the N.I. Act, against the applicant and his wife Smt. Kajal Garg and M/s Aircan Galary through it's Proprietor Smt. Kajal Garg (wife of the applicant), stating that opposite party no. 3 Smt. Kajal Garg is the proprietor of partnership firm of opposite party no. 1, and opposite party no. 2 is Manager / recognized person, main officer. Opposite Party Nos. 2 and 3 are regulating the firm together, which is involved in installation, fitting of ducting and fabrication work. There have been business relations between Sachin Sharma, the proprietor of the complainant firm and opposite party no. 2 Sri Pawan Garg. There has been mut

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