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2023 Supreme(SC) 145

DINESH MAHESHWARI, SANJAY KUMAR
Yogesh Upadhyay – Appellant
Versus
Atlanta Limited – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Rajeev Singh, AOR
For the Respondent(s): Mr. Chirag M. Shroff, AOR

JUDGMENT :

SANJAY KUMAR, J.

1. By way of these transfer petitions filed under Section 406 Cr.P.C. Yogesh Upadhyay and his proprietary concern, M/s. Shakti Buildcon, seek transfer of SCC Nos. 25668/2019 and 26875/2019, both titled Atlanta Limited vs. M/s Shakti Buildcon and Another, pending before the learned 22nd Jt. Civil Judge, Senior Division, Nagpur and the learned 20th Civil Judge, Senior Division, Nagpur, respectively, to the South West District Courts, Dwarka, New Delhi, to be tried along with Complaint Case Nos. 42489/2019, 1464/2020, 7596/2020 and 4094/2020, all titled Atlanta Limited vs. Yogesh Upadhyay. These six complaint cases were filed against the petitioners by Atlanta Limited, the respondent herein, under Sections 138 and 142 of the Negotiable Instruments Act, 1881 [for short ‘the Act of 1881’].

2. The six cheques, which are the subject-matter of these complaint cases, were issued by the petitioners in connection with purchase of a NAWA-make crusher plant from the respondent company for a sum of Rs. 1,88,80,000/- under Agreement dated 04.06.2019. ? This sale consideration was to be paid in seven installments by way of cheques. The first cheque issued by the petitioner


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