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2022 Supreme(SC) 157

N. V. RAMANA, A. S. BOPANNA, HIMA KOHLI
TRL Krosaki Refractories Ltd. – Appellant
Versus
SMS Asia Private Limited – Respondent


Advocates appeared:
For the Petitioner(s):Ashok K. Parija, Gaurav Khanna, Arnav Behera, Sadhvi Swarup, Advocates
For the Respondent(s):Santosh Kumar-I, Advocates

JUDGMENT :

A.S. Bopanna, J.

1. Leave granted.

2. The appellant is assailing the judgment dated 14.12.2017 passed by the High Court of Orissa at Cuttack in CRLMC No.1210 of 2017. Through the said judgment, the High Court while disposing of the petition has quashed the order dated 05.11.2015 passed by the learned SDJM, Jharsuguda by which cognizance was taken and summons was issued in I.C.C. Case No.422 of 2015. The appellant who is the complainant in I.C.C. Case No.422 of 2015 is therefore before this Court, claiming to be aggrieved by the said judgment.

3. The brief facts are that the respondent herein had issued seven cheques dated 13.03.2015, in all amounting to Rs.1,10,00,000/-(Rupees one crore ten lakhs) in favour of the appellant company. On presentation, the said cheques were dishonoured by the Bank and returned with the endorsement, ‘account closed’. The appellant in that view issued notices dated 14.04.2015 through registered post, acknowledgement due. Though the notices were received on 16.04.2015 as per the postal acknowledgement, the respondent failed to comply with the demand or respond to the same. In that view, the appellant filed the complaint before the learned Sub-Divi

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