P. Uday Kumar and Ors. Vs M/S Kirpa Rice Mills

This petition has been filed under Section 482 Cr.P.C for quashing of order dated 26.11.2010 (Annexure P.2) passed by JMIC, Fazilka in complaint case No.24-2 dated 16.10.2000 under Section 138 of Negotiable Instruments Act and also for stay of proceedings during pendency of he petition.

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Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the case who are family members and the PO order has been passed in their absence whereas they were never served and the publication was in the newspaper `The Hindustan Times' which was not in circulation at Hyderabad where they were residing. Learned counsel for the petitioners also submits that the petitioners are ready to surrender before the trial Court in case some protection is provided to them.

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In view of the submissions made by learned counsel for the petitioners and that the petitioners are ready to surrender before the trial Court and to join the Court proceedings, the present petition is disposed of with a direction that in case, the petitioners surrender on or before 17.4.2012, they be released on bail by the trial Court on furnishing bail bonds and surety bonds to its satisfaction. In case, the petitioner do not appear on or before the date as mentioned in this order, the order passed shall become inoperative automatically.

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Disposed of accordingly.

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January 11, 2012 ( DAYA CHAUDHARY ) renu JUDGE

P. Uday Kumar and Ors. v. M/S Kirpa Rice Mills

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P. Uday Kumar and Ors. v. M/S Kirpa Rice Mills

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