( 1 ) M/s. CONTINENTAL Carriers Pvt. Ltd. have filed this revision petition against theorder dated 6. 8. 92 of Shri JPS Malik, Metropolitan Magistrate, New Delhi, videwhich the complaint filed by the petitioner/complainant against respondents 1 to3 under Section 138 of the Negotiable Instruments Act (hereinafter REFERRED TO to usthe act ) was dismissed.

( 2 ) BRIEFLY stated, the facts leading to the filing of this petition are that thepetitioner filed a complaint against the respondents 1 to 3 alleging that in Februrary1991 in pursuance of a request by the aforesaid respondents their export consignment of ready made garments for sending to Birmingham, London was got clearedfrom the Customs Department and for doing that job a bill for Rs. 58,691. 00 wasraised against respondent No. 1, of which respondents 2and 3 are partners. It wasalso claimed that a Cheque dated 17. 7. 1991 for Rs. 58. 216. 00drawn on Indian Bank,overseas Branch, New Delhi, for payment to the petitioner/complainant wasissued from the account of Oberoi Child Wear of which respondent No. 2 was theproprietor and that the cheque, on being presented, was dishonoured with theremarks not arranged for .

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