TMI Blog2013 (2) TMI 227X X X X Extracts X X X X X X X X Extracts X X X X ..... or the respondents. NARESH KUMAR SANGHI, J. 1. Prayer in this petition, filed under Section 482, Cr.P.C., is for quashing of Criminal Complaint No. 15688 of 2007, dated 22.8.2007, under Section 138 of the Negotiable Instruments Act, titled as M/s Surya Pharmaceutical Limited v. Aurozon India Private Limited and others, pending before the learned Judicial Magistrate Ist Class, Chand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gistrate Ist Class has passed that order without application of mind since there is no mention of disputed Cheque No. 136741, dated 7.4.2007. Therefore, the summoning order (Annexure P-14A), is liable to be set aside. 3. On the other hand, learned counsel for the respondent half-heartedly opposed the arguments raised by the learned counsel for the petitioners. However, he fairly concedes that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, the impugned summoning order, dated 24.8.2007 (Annexure P-14A), is hereby set aside. The matter is remitted to the learned Judicial Magistrate Ist Class, Chandigarh, to pass fresh order after perusing the facts, in accordance with law. The respondent-complainant is directed to appear before the learned Judicial Magistrate Ist Class, Chandigarh/summoning Court on 22.2.2013. 6. A copy of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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