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2007 Supreme(Del) 2554

PRADEEP NANDRAJOG
K. S. Bakshi – Appellant
Versus
State – Respondent


Advocates Appeared:
Mr. Sidharth Luthra, Sr.Advocate with Mr.P.K.Dubey and Ms.Arundhati Katju, Advocates.

PRADEEP NANDRAJOG, J.

1. The issue which has arisen for consideration in the present petition under Section 482 of the Code of Criminal Procedure, 1973 is the scope and ambit of the expression other liability occurring in Section 138 of the N.I. Act.

2. Petitioners, directors of the company Ansal Buildwell Ltd., impleaded as accused Nos. 4 and 5 in a complaint filed by the respondent No.2 under Section 138 of the N.I. Act seek quashing of the complaint as also the summoning order dated 23.9.2002.

3. Facts in brief are that Ansal Buildwell Company is a company incorporated under the Companies Act, 1956. The company is engaged in the business of construction of the buildings.

4. Respondent No.2, i.e. Ms.Usha Uppal and one Mr.Rakesh Bedi were the owners of the property bearing No.4, Hailey Road, New Delhi, (hereinafter referred to as the said property).

5. On 10.6.1989, a MOU was entered into between the respondent No.2, Rakesh Bedi and Ansal Properties and Industries Ltd. (hereinafter referred to as confirming party). As per the said MOU the confirming party was to construct a group housing building on the said property. In pursuance of said MOU a sum of Rs.11.5 lacs was received by







































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