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V.K.JAIN
K. O. ISSAC – Appellant
Versus
State – Respondent


Counsel for the Parties:
For the Appellants:Mr. Harshad V. Hameed, Advocate.
For the Respondents:Mr. R.N. Vats, Addl. PP with Mr. Jayant K. Sud, Mr. Atul Sahi and Mr. Anupam Mishra, Advocates.

JUDGMENT

V. K. Jain, J.—In these petitions under Section 482 of Code of Criminal Procedure, the petitioners are seeking quashing of the charge/notice framed against them under Section 251 of the Code, on a complaint filed by the respondent No. 2 under Section 138 of Negotiable Instruments Act. It has been stated in the petition that M/s Samudra Bio Pharma (P) Ltd. formerly known as Shantha Marine Biotechnologies Pvt. Ltd. (hereinafter referred as ‘the Company’) was granted loan assistance” of Rs. 350.00 lacs by respondent No.2. On account of financial difficulties, the company could not make repayment of the loan taken by it and entered into a Deed of Settlement, pursuant to which 48 post dated cheques were issued to respondent No.2. The cheques, when presented, were dishonoured for want of funds. Complaints under Section 138 of Negotiable Instruments Act were filed by respondent No.2 at New Delhi against four persons including the Company and the petitioners.

2. The case of the petitioners is that the Court of Metropolitan Magistrate at Delhi lacked jurisdiction to entertain the complaint as no cause of action arose in Delhi. It has also been stated that the complaint does not con




















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