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2017 Supreme(UK) 421

U.C.DHYANI
Arvinder Kaur – Appellant
Versus
Kashmiri Lal Construction Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. L.K. Tiwari, Advocate

JUDGMENT :

U.C. Dhyani, J.

1. By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the summoning order dated 09.04.2013, as also the entire proceedings of criminal complaint case no. 83 of 2012, M/s Kashmiri Lal Construction Pvt. Ltd. vs M/s Rishi Ganga Power Corporation Ltd. and others, under Section 138 of the Negotiable Instruments Act, pending in the court of Judicial Magistrate, Ranikhet, District Almora.

2. When the application under Section 482 Cr.P.C. was taken up on 28.08.2014, the following order was passed by this Court. The relevant portion of the order is reproduced here-in-below for convenience:

“The applicant is facing trial for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

It is the submission of learned counsel for the applicant that the applicant was not responsible for the conduct of the business of the company, namely, Rishi Ganga Power Corporation Ltd.”

3. Notice was issued to the respondent, but none has turned up on behalf of said respondent, despite service of notice.

4. Vide order dated 09.04.2013, the applicant was summoned to face the trial for the offence punishable under Section 138 of the




















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