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2022 Supreme(UK) 56

RAVINDRA MAITHANI
Amrit Dwellers Private Limited – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Shikhar Kacker, Advocate
For the Respondent:Mr. T.C. Agarwal, A.G.A., Mr. Pankaj Purohit, Advocate

JUDGMENT :

Ravindra Maithani, J.

Challenge in this petition is made to the following:-

    (i) Order dated 26.08.2013, passed in Complaint Case No.149 of 2013, Vijendra Kumar Agrawal vs. Amrit Dwellers Private Limited, under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the Act”), by the court of Special Judicial Magistrate 1st Dehradun (for short, “the case”).

(ii) Judgement and Order dated 06.06.2019, passed in Criminal Revision No.186 of 2018, M/s Amrit Dwellers vs. State and another, by the court of Additional Sessions Judge 4th, Dehradun. By this judgment and order the order dated 26.08.2013, passed in the case has been confirmed.

2. Facts necessary to appreciate the controversy are as follows. The respondent no.2 Vijendra Kumar Agarwal filed a complaint under Section 138 of the Act through power of attorney holder Gaurav Agarwal against the petitioner. After inquiry having been completed, by the impugned order dated 26.08.2013, the petitioner has been summoned to answer the accusation under Section 138 of the Act. This order was unsuccessfully challenged in the revision. In fact, one of the grounds taken in the revision was that the affidavit filed in evidence unde

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