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2006 Supreme(Del) 1803

BADAR DURREZ AHMED
RAMESHWAR DASS DEVI DAYAL (P) LTD – Appellant
Versus
CONSOLIDATED STEELS AND ALLOYS LTD – Respondent


Advocates Appeared:
ANAND AGRAWAL, TANVEER AHMED MIR


BADAR DURREZ AHMED, J, J.

( 1 ) THIS revision petition has been filed challenging the order dated 13. 2. 2002 passed by the learned Additional Sessions Judge whereby the respondents 2 to 4 have been discharged of the offences committed under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881. The impugned order was, itself, passed in a revision petition preferred by the accused against the order dated 1. 6. 2001 passed by the learned Metropolitan Magistrate whereby notice under Section 251 Cr. P. C. had been issued against them in view of the alleged offences committed by them under Section 138 read with Section 141 of the Negotiable Instruments Act (hereinafter referred as `the said Act' ).

( 2 ) THE question that has been primarily raised before this Court is whether the cheque for Rs 40,80,100/- issued by respondent No. 2 in favour of the petitioner on 3. 9. 1999 was for the discharge, in whole or in part, of any debt or other liability. This question has been so raised because, by virtue of the impugned order, the learned Additional Sessions Judge was of the view that the said cheque was not issued for the discharge of any debt or other liability. Accord















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