SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(All) 1097

SAURABH SHYAM SHAMSHERY
Kitply Industries – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Applicants : Sri Amit Saxena, Sr. Adv., Sri Anupam Laloriya, Adv., Rakesh Pande (Sr. Adv.)
For the Opp. Parties : Sri Mithilesh Kumar, AGA; Sri Sushil Shukla, Adv., Anurag Dubey.

JUDGMENT :

(Saurabh Shyam Shamshery, J.) :

1. Present bunch of applications filed under Section 482 Cr.P.C. are arising out of commercial transaction between parties, wherein number of cheques allegedly issued in favour of Complainant by applicant Company were got dishonoured and the Complainant has initiated separate proceedings under the provisions of Section 138 of Negotiation Instruments Act, 1881 (hereinafter referred to as “NI Act”).

2. Legal and factual issue involved in all cases are common, therefore, all the applications are being decided by this common judgment.

Factual Matrix

3. In order to appreciate factual and legal issue involved in present cases, it would be relevant to reproduce relevant documents annexed in leading matter being Application under Section 482 No. 617 of 2020 as under:

A. Complainant has filed a complaint under Sections 138, 141 and 142 of NI Act and the same in its entirety is reproduced hereinafter:

B. Chief Judicial Magistrate, Rampur vide impugned order dated 13.08.2012 summoned applicants No. 2 to 5, (the Company, i.e., Applicant No. 1 was not summoned since it was not arrayed as an accused) to face trial and said order is reproduced hereinafter:

C. Ap

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon telegram-icon
          whatsapp-icon Back to top