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2007 Supreme(Del) 1765

PRADEEP NANDRAJOG
Shroff Publisher and Distributors Pvt. Ltd. – Appellant
Versus
Springer India Pvt. Ltd. – Respondent


Advocates Appeared:
Yakesh Anand and Murari Kumar, for Petitioners; Ms. Vibha Arora, for Respondent.

Judgement

ORDER :- This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing order dated 14-1-2005.

2. Vide order dated 14-1-2005, petitioners were summoned by the learned Metropolitan Magistrate to face trial in the complaint filed by the respondent, M/s. Springer India Pvt. Ltd. under Section 138 of the Negotiable Instruments Act, 1881.

3. Case pleaded by the complainant in the complaint is as follows :-

(a) Petitioner company, Shroff Publishers and Distributors Pvt. Ltd. issued a cheque bearing No. 144890 dated 1-8-2004 in the sum of Rs. 7,34,000/- drawn on the Saraswat Co-operative Bank, Vashi, Mumbai towards part discharge of its liability in the favour of the complainant.

(b) Complainant presented the cheque for encashment on 5-8-2004 which was returned unpaid with the endorsement 'payment stopped by the drawer'. Complainant was informed about the said dishonour on 5-8-2004 itself.

(c) Again on 11-11-2004, the complainant presented the cheque to its bank, Deutsche Bank, New Delhi. Cheque was again returned unpaid with the remark 'payment stopped'. Complainant was informed about the dishonour of cheque on 13-11-2004.

(d) On 23-11-2004, compl



































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