2022 (8) TMI 1330

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....the respondent : Mr. Hitesh Vali, APP for State., Mr. Devashish Bhadauria, Advocate, for R-2/PEC Ltd. ORDER 1. The present petition is filed under section 482 Cr.P.C. for quashing of summoning order dated 28.11.2018 passed in complaint case bearing CC No. 16201/2017 titled as M/s PEC Ltd. V. M/s Oil Ltd. & Ors. qua the petitioner Sanjay Agarwal. 2. The respondent no. 2 filed a complaint under s....

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.... 2 filed a complaint under section 138 of the Negotiable Instruments Act, 1881 as detailed hereinabove. The Court of Ms. Bhavna Kalia, MM-04, Patiala House Courts, New Delhi vide order dated 28.11.2018 on the basis of presummoning evidence observed that there are sufficient ground to proceed further and accordingly, issued summons to the accused as mentioned in the original complaint including the....

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....respondent no. 2 argued that when the complaint was filed at that time as per the record of accused no. 1 as named in original complaint, the petitioner was shown as one of the Directors of the accused no. 1. However, subsequently it came to the notice of the respondent no. 2 that at the time of issuance of cheques, the petitioner was not the functional Director of the accused no. 1 as named in th....