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2024 Supreme(SC) 230

B. R. GAVAI, SANDEEP MEHTA
Susela Padmavathy Amma – Appellant
Versus
Bharti Airtel Limited – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Manoj V George, Adv. Ms. Shilpa Liza George, AOR Mr. Km Vignesh Ram, Adv. Mr. Nasib Masih, Adv. Ms. Akshita Agrawal, Adv. Ms. Chaahat Khanna, Adv. Mr. Timothy Koshy Varghese, Adv.
For the Respondent(s): Mr. Lakshmeesh S. Kamath, AOR Mr. Kaustubh Shukla, Adv. Ms. Samriti Ahuja, Adv.

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The present appeals challenge the common judgment and order dated 26th April, 2022 passed by the High Court of Judicature at Madras (hereinafter referred to as “High Court”), in Crl. O.P. Nos. 3470 & 5767 of 2019 and Crl. M.P. Nos. 2224, 2225 & 3255 of 2019, whereby the High Court rejected the prayer for quashing of C.C. Nos. 3151 & 3150 of 2017, on the file of learned XVIII Metropolitan Magistrate, Saidapet, Chennai (now transferred to the learned Metropolitan Magistrate, Fast Track Court-III, Saidapet, Chennai), in connection with the offence punishable under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the N.I. Act”).

3. The facts, in brief, giving rise to the present appeals are as follows:

3.1 M/s. Bharti Airtel Limited (hereinafter referred to as, “complainant” or “respondent”), is a company engaged in the business of providing telecommunication services, under a license issued by the Government of India, in various telecom circles in India.

3.2 One M/s. Fibtel Telecom Solutions (India) Private Limited (hereinafter referred to as, “Fibtel Telecom Solutions” or “Company”), a comp

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