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2024 Supreme(All) 210

PRASHANT KUMAR
Ashok Sharma – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Amit Daga,Ashish Kumar Singh
For the Respondent: G.A.,Dinkar Lal,Dipendra Kumar,Pradeep Kumar Rai,Satendra Kumar,Suyash Agarwal, Swetashwa Agarwal

JUDGMENT :

Prashant Kumar, J.

1. Heard Sri Amit Daga, learned counsel for applicant, Sri Swetashwa Agarwal, learned counsel for opposite party no.2 and Sri Shashidhar Pandey, learned AGA for the State.

2. By means of this application under Section 482 Cr.P.C. the applicant has prayed for quashing the summoning order dated 16.02.2016 passed by Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar in Criminal Complaint Case No.49/9 of 2016 (whereby the trial court summoned accused applicant for the offence punishable under Section 138 of Negotiable Instruments Act) as well as entire proceedings of Criminal Complaint Case No.49/9 of 2016 (Uttarakhand Engineering Products Pvt. Ltd. Vs. M/s. Trimurti Concast Pvt. Ltd. and others), under Section 138 of N.I.Act, Police Station New Mandi, District Muzaffarnagar, pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar.

3. Brief facts of the case are that Uttarakhand Engineering Products Private Limited (here-in-after for the sake of brevity has been referred to as “Complainant”) is engaged in the business of Sponge Iron and Silicon Manganese. M/s Trimurti Concast Pvt. Ltd. placed an order for supply of

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