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2009 Supreme(Del) 806

RAJIV SHAKDHER
Rajat Pharmachem Ltd – Appellant
Versus
State Trading Corporation of India Ltd – Respondent


Advocates appeared
For the Petitioners:Mr. Sandeep Sethi, Sr Advocate with Mr Harpreet Singh, Mr Rajesh Gupta & Mr Sumit R Sharma
For the Respondent:Mr.Ramesh Gupta, Sr. Advocate with Mr Neeraj Chaudhri, Mr Sumit Arora & Ms Meera Kaura Patel

Judgment

RAJIV SHAKDHER, J

1. This is a petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the „Cr.P.C.?) for quashing complaint no. 1177/3 and all proceedings emanating therefrom.

2. The Petitioners are aggrieved by virtue of the fact that vide order dated 06.05.2009, the learned Magistrate has issued summons to them. Before me, the Petitioners have assailed the summoning order on four counts. First, on the ground that the institution of complaint is beyond the period of limitation prescribed under the Negotiable Instruments Act, 1981 (hereinafter referred to as the „N.I. Act?). Second, on the ground that the cheques which are the subject matter of the complaint instituted in the Court below, were given as a security for realisation of payments by Respondent from foreign buyers. The contention being that there was no debt which the Petitioners were required to discharge, as there was no consideration flowing from the Respondent to the Petitioners. The third ground of challenge being that the reason given in the return memo dated 18.02.2009, issued by the Petitioners? bank, being „account















































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