Raj Kumar Banta v. Amit Kumar Saini
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" Prayer in this 2nd petition filed under Section 482 Cr. P.C./Section 528 of BNSS, 2023, is for quashing of complaint No.NACT/404/2022, dated 29.07.2022, titled as "Subhash
Raghav vs Rajkumar Banta and another", filed under Section 138 of the Negotiable Instruments Act, 1881, and for quashing the summoning order dated 05.01.2023 (Annexure P35), passed by learned Judicial Magistrate Ist Class, Sohna, District Gurugram, along with all other consequential proceedings arising therefrom. The 1st petition filed by the petitioners, seeking the aforesaid relief, was dismissed as withdrawn on 30.01.2025, with liberty to file afresh petition with better particulars. Learned counsel for the petitioners wishes to withdraw the present petition with liberty to raise all the pleas taken in the present petition before the learned trial Court at appropriate stage. However, he confines his prayer to the extent of seeking exemption of petitioner No.1 from personal appearance before the learned trial Court as he is 74 years of age and is attending trial on each and every date of hearing, which would cause great hardship and inconvenience to him.
The instant petition is dismissed as withdrawn with the liberty aforesaid. However, in view of the ratio laid down by this Court in CRM3M32596332023 titled as "
!, the personal appearance of petitioner No.1, before the learned trial Court is ordered to be exempted, subject to the following conditions:3 "#""
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