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2023 Supreme(UK) 662

PANKAJ PUROHIT
Purvanchal Biotech Pvt. Ltd. – Appellant
Versus
Sriram Solvent Extraction Pvt. Ltd. – Respondent


Advocates Appeared:
For the Applicants : Mr. Sudhir Kumar, learned counsel.
For the Respondent: Mr. Jitendra Chaudhary, learned counsel.

JUDGMENT :

Pankaj Purohit, J.

This C482 application is directed against the summoning order dated 18.07.2013, passed by learned Special Judicial Magistrate, Kashipur District Udham Singh Nagar in Criminal Complaint Case No.337 of 2013, M/s Sriram Solvent Extraction Pvt. Ltd. vs. M/s Purvanchal Biotech Pvt. Ltd. & another, whereby, after taking the cognizance under Section 138 of Negotiable Instruments Act, 1881, applicants were summoned to face the trial. The applicants have also prayed to quash the entire proceedings of the aforesaid criminal complaint case.

2. The complaint was filed by the respondent against the applicants under Section 138 of Negotiable Instruments Act, 1881 in the court of Special Judicial Magistrate, Kashipur on 14.05.2013. In the said complaint, it has been stated that the complainant-Company is a registered Company which deals in the production of Neem Organic Manure and Bio Pesticides etc., and the complainant-Company owed a sum of Rs.4 lacs against the applicants who purchased bio pesticides, Neem Organic Manure, on credit, from the complainant-Company. Two cheques bearing no.539358 dated 15.12.2012 for Rs.2,50,000/- and Cheque No.539359 dated 15.12.2012 for

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