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2014 Supreme(SC) 578

RANJANA PRAKASH DESAI, N.V.RAMANA
PAWAN KUMAR RALLI – Appellant
Versus
MANINDER SINGH NARULA – Respondent


Judgment :

N.V. RAMANA, J.

Leave granted.

2. This appeal arises out of the judgment and order dated 15th January, 2013 of the High Court of Delhi passed in Criminal Miscellaneous Case No. 2961 of 2012 filed by the respondent herein under Section 482 of the Criminal Procedure Code. By the said judgment, the High Court quashed the criminal proceedings initiated by the appellant under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’) against the respondent.

3. The brief history of the case, according to the appellant, is that he had given a loan of Rs.60 lakhs to the respondent in the month of November, 2011. In discharge of his obligation to the appellant, on 25th April, 2012, the respondent issued (i) Cheque No. 889953, drawn on Allahabad Bank, for Rs.30 lakhs; (ii) Cheque No. 545420, drawn on ICICI Bank, for Rs.20 lakhs; and (iii) Cheque No. 545409, drawn on ICICI Bank, for Rs. 10 lakhs. When the appellant presented the said cheques in his Bank for realization, they were dishonoured by the respondent’s banker with remarks ‘Stop Payment’.

4. The appellant, after receiving the communication from his banker about the dishonour of Cheques, issue







































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