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S.K.AGARWAL
J K INTERNATIONAL – Appellant
Versus
STATE OF DELHI – Respondent


S. K. Agarwal

( 1 ) ADMIT. This petition under section 482 Code of criminal Procedure (for short, Code of Criminal Procedure) is directed against the order dated 12/03/1999 passed by the court of metropolitan Magistrate, New Delhi dismissing in default the complaint of the petitioner no. 141/96 titled "j K international vs. SKG Solvex Ltd. and Ors. (hereinafter, the complainant ).

( 2 ) BRIEF facts are: that the petitioner filed two complaints against M/s. SKG Solvex Limited and others under section 138 of Negotiable Instruments Act, 1882 on the same date. In the above complaint it was alleged that cheque for Rs. 4 lacs dated 30/07/1996 drawn on State Bank of indore, Bombay issued in favour of the petitioner was returned unpaid for the reason "payment stopped by the drawer". The Magistrate started enquiry to find out whether there is sufficient ground to proceed. These complaints were listed together for hearing on 20th september, 1996, 5/12/1996, 13/02/1997, 3/04/1997, 8/05/1997 and on 10/10/1997. On the last date petitioner examined CW-1, S C Arora, general Manager (Legal) and authorised representative of the complainant company, in both the complaints separately, who proved the c














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