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HIGH COURT OF UTTARAKHAND
Ashish Naithani, J
Mr. Ashwini Kumar Singh & Anr. – Appellant
Versus
M/s RPG Infratech – Respondent
| Table of Content |
|---|
| 1. application for quashing of proceedings (Para 1 , 2 , 3) |
| 2. defense based on director's non-executive status (Para 4 , 7 , 8) |
| 3. clarification on non-executive director's liability (Para 6 , 9 , 14 , 19) |
| 4. counterarguments regarding maintainability and burden of proof (Para 10 , 11 , 12 , 13 , 15 , 17) |
| 5. criteria for section 482 petition and disproval of claims (Para 18 , 20 , 21 , 22 , 23) |
| 6. dismissing the petition for lack of merit (Para 24) |
Hon'ble Ashish Naithani, J.
The present application under Section 482 of the
Code of Criminal Procedure has been moved by the Applicants, namely Mr. Ashwini Kumar Singh and Ms. Sunita Palta, seeking quashing of the entire proceedings of Criminal Case No. 109 of 2017, M/s RPG Infratech v. MBL Infrastructures Ltd. and others, pending before the learned Judicial Magistrate, Ranikhet, District Almora, as well as the
impugned common summoning order dated 25.07.2017.
2. The Respondent filed Criminal Complaint No. 109
of 2017 under Sections 138 and 141 of the Negotiable Instruments Act, 1881 , alleging dishonour of Cheque No.
`
639991 dated 13.03.2017 for an amount of 1,35,84,099/-, drawn on State Bank of India, Nehru Place Branch, New
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