2015 (3) TMI 1295
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....enal Code), P.S. Nauchandi, pending in the Court of Additional Chief Judicial Magistrate-4, Meerut, with certain observations. 2. We have heard learned Counsel for the parties and' perused the papers on record. 3. Succinctly, facts of the case are that Appellant is Manager Accounts with M/s. Jetking Infotrain Ltd. There was a franchise agreement between the Appellant's company and M/s. SVS Computers Ltd., of which Respondent No. 2 Vishal Sharma (complainant) is one of the directors. Said franchise agreement expired on 29.6.2011. There was some dispute as to the clearance of outstanding dues of M/s. Jetking Infotrain Ltd., due to which, it appears that it sent a notice for payment before renewal of the agreement of franchise. It is....
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....assment and abuse of process of law on the part of Respondent No. 2. As such, the Appellant filed a petition Under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code") before Allahabad High Court for quashment of the proceedings before the Additional Chief Judicial Magistrate-4, Meerut, which was dismissed by said court. Hence this appeal through special leave. 5. Learned Counsel for the Appellant argued that the High Court has erred in law in ignoring the fact that a criminal complaint was already filed against Respondent No. 2 in respect of offence punishable Under Section 138 of the Act. It is contended that said fact is admitted between the parties. It is further contended that to pressurize the Appellant in said ....
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....e, and indubitable i.e. the material is of sterling and impeccable quality? 30.2. Step two: whether the material relied upon by the accused would rule out the assertions contained in the charges levelled against the accused i.e. the material is sufficient to reject and overrule the factual assertions contained in the complaint i.e. the material is such as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false? 30.3. Step three: whether the material relied upon by the accused has not been refuted by the prosecution/complainant; and/or the material is such that it cannot be justifiably refuted by the prosecution/complainant? 30.4. Step four: whether proceeding with the trial would result ....