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