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1999 Supreme(SC) 1257

Sunil Kumar – Appellant
Versus
Escorts Yamaha Motors LTD. – Respondent


JUDGMENT

Pattanaik, J.-Leave granted.

2. The decision of the Division Bench of Delhi High Court, quashing the F.I.R. No. 285 of 1998 at P.S. Rajouri Garden for offence under Sections 420/406/468 IPC is under challenge in this appeal by the informant. The informant-appellant filed the F.I.R. alleging therein that the respondents by an act of conspiracy committed criminal breach of trust by presenting blank cheques, signed by the appellant for withdrawing money for a purpose for which it had not been given and by so doing, they have caused a loss of Rs. 8,982/- inasmuch as this was the commission which the appellant had to bear. The gravaman of the appellant s case in the F.I.R. is that certain cheques had been given to the respondents more particularly the Commercial Manager with the specific understanding that these cheques can be presented against delivery of future vehicles and not for any past liability or dues, but the respondents presented the same which of course could not be encashed in view of the directions given by the appellant-drawer. However the appellant had to sustain the loss of Rs. 8982/- as commission charges. The respondents filed application in Delhi High Court fo










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