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2024 Supreme(All) 1034

ANISH KUMAR GUPTA
Mohd. Mohsin – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Amit Daga, Vivek Kumar Singh
For the Opposite Party : G.A., Surya Pratap Singh Parmar

JUDGMENT :

Hon'ble Anish Kumar Gupta, J.

1. Heard Sri Amit Daga, learned counsel for the applicant, Sri Priyansh Mishra, Advocate holding brief of Sri Surya Pratap Singh Parmar, learned counsel appearing for opposite party No.2 and Sri Prem Prakash Tiwari, learned AGA for the State.

2. The instant application under Section 482 Cr.P.C. has been filed to quash the Criminal Complaint dated 14.1.2019 as well as entire proceedings of Criminal Complaint Case No.61 of 2019 (Nurul Bashar vs. Mohd.Mohsin) under Section 138 of Negotiable Instruments Act, 1881, Police Station-Bhadohi, District-Bhadohi, pending before the court of Chief Judicial Magistrate, Bhadohi at Gyanpur.

3. The brief facts of the case are that the firm M/s Evergreen Carpets is a registered proprietorship firm and is involved in the manufacturing, export and sale of carpets. The applicant herein is the proprietor of the firm M/s Universal Carpets and used to purchase the carpets from the M/s Evergreen Carpets. The firm M/s Evergreen Carpets and the firm M/s Universal Carpets, both are the sole proprietorship firms. In connection with the aforesaid business transaction between them the firm M/s Universal Carpets has purchased

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