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2023 Supreme(UK) 611

SHARAD KUMAR SHARMA
Himanshu Sinha – Appellant
Versus
Bhuwan Chandra Joshi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sumit Bajaj.

JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. This case in itself is the best example of an abuse of process of law, where a professional applicant an ex-member of Bar Council, has preferred this C-482 Application, thereby challenging the summoning order dated 13th July, 2015, for the first time by filing C-482 Application on 24th August, 2023, i.e. almost after eight years, as it was issued against him, in Complaint Case No. 2501 of 2015, Bhuwan Chandra Joshi vs. Himanshu Sinha, by the Court of 2nd Addl. Civil Judge/Judicial Magistrate, Haldwani, District Nainital, being the proceedings drawn under Section 138 of the N.I. Act.

2. The argument extended by the learned counsel for the applicant is, that the summoning order happens to be in violation to the provisions contained under Section 142 (a) of the Negotiable Instruments Act, for the reasons being, that in accordance with Para 1 of the complaint, he contends that since the complainant is an agent of an institution named as J.B. Brothers, of which, Mr. Jeevan Chandra Joshi, was one of the proprietors, who was admittedly the complainant’s younger brother.

3. The learned counsel for the applicant has submitted, that in the light of the judgm

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