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KAILASH GAMBHIR
Asian Fans and Appliances Co. – Appellant
Versus
Usaka Industrial Components – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Rajeev Kumar, Advocate.
For the Respondent:Raman Gandhi, Advocate.

ORDER

Kailash Gambhir, J.— By way of the present petition filed under Section 482 Cr. P.C., the petitioners seek to set aside the order dated 1-5-2007 passed by the Court of Shri N.K. Gupta, ASJ, Delhi in Revision Petition No. 17/2007, preferred by the respondent against the order dated 30-11-2006 passed by the Court of learned M.M. Delhi in complaint No. 400/2005 thereby acquitting the present petitioners.

2. The brief facts of the case relevant for deciding the present petition are that the respondent filed a Criminal Complaint No. 400/2005 under Sections 138 and 142 of the Negotiable Instruments Act against the petitioners. The petitioners while appearing before the Court of learned M.M. Delhi, took a preliminary objection that the complaint filed by the complainant respondent is not maintainable as the same did not fulfill the mandatory requirements of the offence punishable under Section 138 of Negotiable Instruments Act as the cheques in question were not presented for encashment during their validity period i.e. within six months from the date of the cheques. The Court after hearing the arguments of both the parties and after going through the documents filed by the complain

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