Page No.# 1/2 vs Steel Traders
2022 Latest Caselaw 2785 Gua

                                                                   Page No.# 1/2

GAHC010126222022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.Pet./742/2022

            SIDDARTH MUNDRA AND ANR
            SON OF SRI GOVIND MUNDRA
            R/O HOUSE NO. 377, 2ND FLOOR, CLUB ROAD,
            SILCHAR- 788001, CACHAR, ASSAM (INDIA).

            2: SRI GOVIND MUNDRA
             SON OF LATE PRABHU DAYAL MUNDRA
            THE PETITIONER NO. 2 IS THE DIRECTOR OF DURGA KRISHNA STORE
            PVT. LTD.
            R/O HOUSE NO. 377
             2ND FLOOR
             CLUB ROAD

            SILCHAR- 788001
            CACHAR
            ASSAM (INDIA)

            VERSUS

            STEEL TRADERS
            SOLE PROPRIETOR SHRI HANUMAN PRASAD JAIN
            SON OF LATE KASHIRAM JAIN
            HOSPITAL ROAD,
            P.O. AND P.S. SILCHAR, DIST. CACHAR, ASSAM



Advocate for the Petitioner   : MR. R HUSSAIN

Advocate for the Respondent :
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                                      BEFORE
                        HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                                ORDER

Date : 05.08.2022

Heard Mr. R Hussain, learned counsel for the petitioners.

By this criminal petition under Section 482 of the CrPC, the petitioners has prayed for quashing order dated 16.03.2020 and all subsequent orders passed by the learned Additional CJM, Cachar, Silchar in NI Case No. 39/2020 whereby the learned Magistrate took cognizance of the offence under Section 138 of the NI Act against the petitioners.

Issue notice to the respondent.

Petitioners to take steps for service of notice on respondent by registered post with A/D within 3 days.

Call for scanned copy of case records and order sheets along with case dairy.

Mr. R Hussain, learned counsel for the petitioners has relied upon a judgment of the Hon'ble Supreme Court in the case of Himanshu -vs- B Shavamurthy & anr. reported in (2019) 3 SCC 797.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant