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2013 Supreme(UK) 670

U.C.DHYANI
Arun Bansal – Appellant
Versus
Rajeshwari Joshi – Respondent


Advocates:
Advocate Appeared:
Mr. Pawan Mishra, Advocate for the applicant
Mr. K.S. Verma, Advocate for the respondent

JUDGMENT :

U.C. Dhyani, J.


By way of present application / petition, moved under Section 482 of Cr. P.C., the applicant seeks to quash the order dated 07.07.2008 as well as the proceedings of criminal case no. 793 of 2008, Smt. Rajeshwari Joshi vs Arun Bansal, under Section 138 of the Negotiable Instruments Act, pending in the court of Special Judicial Magistrate I, Dehradun.


2) A criminal complaint case was filed by the respondent against the applicant under Section 138 of the Negotiable Instruments Act, 1881 in the Court of Special Judicial Magistrate I, Dehradun. On the basis of statements under Sections 200, 202 of Cr. P.C. and the documents, learned Special Judicial Magistrate summoned the accused to face the trial in respect of offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ‘the Act’ for brevity), vide order dated 07.07.2008. Aggrieved against the said order, present application under Section 482 of Cr. P.C. was moved by the applicant.

3) The cheque was issued in favour of the respondent on 17.02.2008 by two partners of the firm, namely, ACL Capital Plus. One of the signatory of the cheque was the applicant Arun Bansal. The other partne
















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