SAURABH SHYAM SHAMSHERY
Narendra Kumar @ Brothers – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Shri. Akhilesh Chandra Shukla, learned counsel for petitioners, Shri. Munne Lal, learned A.G.A. for State and Shri.Sunil Vashisth, learned counsel for respondent no.2.
2. The petitioners herein are challenging the orders dated 7.9.2021 and 12.10.2021 passed by Special Chief Judicial Magistrate, Meerut in Complaint No.11580 of 2021 under Section 138 Negotiable Instruments Act, Police Station-Brahmpuri, District-Meerut, whereby respectively amendment in complaint was allowed and petitioners were summoned and the order dated 18.7.2022 passed by Additional Sessions Judge Court No.20 Meerut in Criminal Revision No.81 of 2022 by which criminal revision was dismissed.
3. Learned counsel for petitioners has vehemently argued that essential ingredient to file complaint under Section 138 of N.I. Act are absent in the present case. He submitted that the petitioner no.2 i.e. Saurabh Bansal, alleged to be a working partner of firm namely Narendra Kumar and Brothers was not supported by any document and whatever transactions were made between petitioner no.2 and complainant were in their personal capacity and the company as such was not involved and further petitioner no.3, Na
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