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2008 Supreme(Del) 136

S.MURALIDHAR
ALFA GRAPHICS – Appellant
Versus
ARJUN KOHLI – Respondent


Advocates appeared
Through Mr. Sandeep Sethi, Senior Advocate with Mr.T.S.Sidhu andMs. Divya Jain, Advocates
Through Mr. S.C. Singhal, Advocate

Judgment

Dr. S. MURALIDHAR, J. (open court)

1. This is a petition under Section 482 of the Code of Criminal Procedure, 1973 ( CrPC ) seeking the quashing of the proceedings arising out of the complaint case No. 877/1/2006 titled Arjun Kohli v. Alfa Graphics pending in the court of the learned Metropolitan Magistrate ( MM ), Delhi. The complaint has been filed by the Respondent against the Petitioner for the offence under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 ( NI Act ) and Section 420 of the Indian Penal Code 1860 ( IPC ).

2. The only accused person shown in the complaint is as under: M/s Alfa Graphics 7, Neelkanth Apartment, Gokuldas Pasta Road, Dadar, East Mumbai (Through its Partner).

3. Para 3 of the complaint lists out 20 cheques drawn by the Petitioner M/s. Alfa Graphics in favour of the complainant Respondent in the aggregate sum of Rs.2,26,240.00. It is stated that each of the cheques when presented by the complainant to the bank for payment was returned dishonoured on account of insufficient funds .

4. The learned MM directed issuance of summons requiring the appearance of the Petitioner before him on 30th May 2006 to face trial for the o









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