ORDER (Open Court) 1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeks the quashing of Complaint Case No. 3650 of 2006 pending in the Court of the learned Metropolitan Magistrate, Patiala House Courts, New Delhi (MM) titled "National Agricultural Co-operative Marketing Federation of India Ltd. (NAFED) v. M/s. Swarup Group of Industries & Another" as well as the Order dated 7th February, 2006 by which the learned MM took cognizance of the complaint and issued summons to the petitioner to face trial for the offence under Section 138 of the Negotiable Instruments Act, 1881 (NI Act).

Background Facts

2. The petitioner is the proprietor of M/s. Swarup Group of Industries which carries on the business of import and export, marketing and sale of several goods including iron are. The petitioner approached NAFED in March 2004 with the proposal for a strategic alliance for export of iron are to China, and accordingly sought funds from NAFED. An assurance is stated to have been given by the petitioner that the firm was in a sound financial condition and that the principal along with the interest would be repaid without any default. Consequently a Memorandu

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