2002 (11) TMI 674

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.... 482 the petitioner seeks quashing of the proceedings arising out of a complaint filed by the respondent under section 138 of the Negotiable Instruments Act on the premise that by way of summary suit under Order 37 CPC the respondent complainant is entitled to recover the cheque amount whereas under section 138 the fine can be extended twice to the amount of the cheque and, therefore, it is a case....

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.... of Order 37 CPC. Thus there is no merit in the petition so far as a the quashing of the complaint and the proceedings emanating from it are concerned. However the ancillary relief the petitioners are seeking is that petitioner Nos. 2 and 3 could not have been arrayed as accused in their individual capacity as they were neither the person incharge of nor responsible to conduct of day to day busin....