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V.K.JAIN
Alliance Infrastructure Project – Appellant
Versus
Vinay Mittal – Respondent


Counsel for the Parties:
For the Appellant:Ms. Rebecca M. John and Mr. Shivam Sharma, Advocates.
For the Respondents:Mr. H. Hariharan, Advocate.

JUDGMENT

V.K. Jain, J.—This order will dispose of the above referred petitions. Petitioner No.1 Alliance Infrastructure Project Private Ltd., issued a cheque dated 2nd May, 2008 for a sum of Rs. 30,86,000/- and another cheque of the same date for Rs.12 lakhs in favour of the complainant/respondent. The cheques, when presented for encashment, were returned unpaid with the remarks “signature different.” When the complainant/respondent approached the petitioners in this regard, they issued three other cheques, one for Rs.12 lakhs, second for Rs. 3,29,000/- and the third for Rs. 31,91,650/- in lieu of the previously dishonoured cheques. The cheques for Rs.12 lakhs and Rs. 3,29,000/- were en-cashed when presented to the bank, but the cheque for Rs. 31,91,650/- was returned unpaid with the remarks “stop payment by the drawer”. A legal notice dated 23rd January, 2009 was sent to the petitioners calling upon them to make payment within 15 days from the receipt of notice. The petitioners, however, did not make the payment whereupon a complaint under Section 138/141 of Negotiable Instruments Act read with 141 thereof and also under Section 420 of IPC was filed against them. The petitioners,

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