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2001 Supreme(Del) 1684

K.S.GUPTA
D. R. GUPTA – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
S.K.KHURANA, SUMAN KAPUR

K. S. GUPTA

( 1 ) IN this petition under section 482 Code of Criminal Procedure, 1973 the petitioner seeks setting aside of summoning order dated 29/1/2000 and quashing of complaint case No. 174/1/99 - s. K. Khurana vs. Singhal Holdings Pvt. Ltd and others pending before a Metropolitan Magistrate said complaint (No. 174/1/99) under sectional 38 read with section 141 the of Negotiable Instruments Act, 1881 (for short the act ) and section 420 Indian Penal Code, 1860 was filed by s. K. Khurana, respondent No. 2 herein alleging that Singhal holdings Pvt. Ltd accused No. 1 is a company incorporated and registered under the Companies Act, 1956 R P Gupta, accused no 2 and D R Gupta, accused No 3 petitioner are the directors of accused No 1 and are responsible for the day to day running of company Accused No 1 company invited applications for allotment of residential flats to be constructed at Village Bijwasan Complainant applied for allotment of a two bed room flat having a covered area of 900 sq yds and he was allotted Flat No. B-203 on the first floor at a cost of Rs. 150. 00 per sq ft. It is further alleged that complainant paid Rs. 1 lac through cheque No. 410558 dated 5/3/1988. Amou


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