M/S. KESHAR MULTIYARN MILL LTD. AND OTHERS Vs. M/S. HOTEL POLO TOWERS PVT. LTD.
LAWS(MEGH)-2013-8-2
HIGH COURT OF MEGHALAYA
Decided on August 27,2013

M/S. Keshar Multiyarn Mill Ltd. And Others Appellant
VERSUS
M/S. Hotel Polo Towers Pvt. Ltd. Respondents

JUDGEMENT

S.R. Sen, J. - (1.) The petitioner approached this Court by way of application under Section 482 Cr. PC read with Article-227 of the Constitution of India. The case in nut shell is that, the petitioner challenged the legality and propriety of the proceeding in CR Case bearing No. 768 of 2012 pending before the Learned Court of Judicial Magistrate, First Class, Shillong.
(2.) Mr. S. Jindal, the learned counsel appeared for on behalf of the petitioner argued that, CR Case referred above has not been filed within time. Secondly, the cheque has been issued by the petitioner No. 1, therefore, the petitioners No. 2, 3 & 4 are in no way liable, so no case lies against the petitioners No. 2, 3 & 4 and prayed that the entire proceeding may be quashed.
(3.) In support of his submissions, the learned counsel relied on Municipal Corporation of Delhi v. Ram Kishan Rohtagi and Ors., reported in AIR 1983 SC 67 ; Saroj Kumar Poddar v. State (NCT of Delhi) and Anr., reported in 2007 (52) AIC 235 (SC) : (2007) 3 SCC 693 ; K. Srikanth Singh v. North East Securities Ltd. & Anr., reported in 2007 (57) AIC 111 (SC) : (2007) 12 SCC 788 ; Central Bank of India and Anr. v. Saxonz Farms & Ors., reported in (1999) 8 SCC 221 and Dalmia Cement (Bharat) Ltd. v. Galaxy Traders & Agencies Ltd and Ors., reported in (2001) 6 SCC 463.;


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