S.K.AGARWAL
Lok Housing & Constructions Ltd. – Appellant
Versus
DCM Daevoo Motors Ltd. & Anr. – Respondent
S.K. Agarwal, J.- By this petition under Section 482 of the Code of Criminal Procedure. 1973 (for short "Cr.P.C."), petitioners are seeking quashing of the complaint under Sections 138, 141 and 142 of the Negotiable Instruments Act (for short "NI Act") filed by DCM Daewoo Motors Ltd. (respondent No.1).
2. The facts in brief necessary for disposal of this petition are that respondent No.1 filed complaint under Sections 138, 141 and 142 of NI Act, against petitioners alleging that a sum of Rs. 1.00.00.000/- (Rupees one crore only) was advanced by them to petitioner No.1, as an inter-corporate deposit on 2-11-1995, which was repayable on 29-2-1996, along with interest (hereinafter. "ICD"). Petitioners executed receipt promissory notes etc. Petitioners failed to return the ICD amount and finally issued four cheques of Rs. 25.00.000/- dated 18-6-1996; Rs. 2.61.301/- dated 18-6-1996; Rs. 50,00.000/- dated 2-7-1996; and Rs. 5.89,726/- dated 2-7-1996. totalling Rs. 83,51.027/- drawn on Bank of India. SSI Branch. Andheri East, Mumbai (hereinafter referred to as "the cheques"). The cheques were sent for encashment by the complainant through ANZ Grindlays Bank Connaught Circus, New Del
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