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1993 Supreme(Del) 239

SAT PAL
STALION SHOX PRIVATE LIMITED – Appellant
Versus
AUTO TENSIONS PRIVATE LIMITED – Respondent


Advocates Appeared:
Shefali Khanna Sethi, Sunil Sharma

SAT PAL, J.

( 1 ) THIS petition has been filed by the petitioners under section 482 of the Criminal Procedure Code for quashing the proceedings pending in the Court of Shri J. P. S. Malik, Metropolitan Magistrate, New Delhi, pursuant to a complaint filed by the respondent wherein it is alleged that the petitioners have committed an offence punishable under section 138 of the Negotiable Instruments Act (hereinafter referred to the Act ).

( 2 ) BRIEFLY stated the facts of the case are that the petitioners indischarge of their debt/liability drew 11 cheques for a total amount of Rs. 6,20,046. 69 in favour of the respondent. All these cheques when presented by the respondent during the period of validity of the cheques through its bankers, State Bank of India, NOIDA, were dishonoured by the bankers of the petitioners. Six of these cheques were returned with the remark "exceedes arrangement" and the remaining five cheques were rerturned with the remakrs "insufficient funds" along with memo dated 27th July, 1991. Therefter,the respondent by registered A. D. letter dated 3rd August, 1991 sent a notice to the petitioners for making payment of the amount of the cheques within 15 days of t








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