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N.K.GUPTA
Sandeep Sabu – Appellant
Versus
Gwalior Vyapar Mela Pradhikaran – Respondent
1. The applicant has filed this petition under section 482 of the Code of Criminal Procedure, 1973 challenging the order dated 21.2.2013 passed by learned Additional Chief Judicial Magistrate, Gwalior in Criminal Complaint Case No.6394/2007 whereby name of the applicant was added as an accused in the complaint filed for the offence under section 138 of Negotiable Instruments Act.
2. Facts of the case in short are that one shop was taken on rent by M/s. Excel Telecom, 2/179 New Colony Birla Nagar, Gwalior and a cheque of Rs.35,000/- relating to rent of that shop was tendered by the applicant to the respondent. The cheque was dishonoured, thereafter respondent prosecuted the aforesaid partnership firm through its partner Deepak Gupta and Sanjeev Basu. After sometime, it was found that the concerned firm was not a partnership firm but it was a sole proprietary concern run by the applicant, therefore such application was moved before the trial Court which was dismissed vide order dated 6.11.2008.
3. On filing of petition before this Court, vide order dated 8.5.2012 the matter was disposed off by consent of parties that a fresh application be moved by the respondent and the trial C
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