RAJIV SHAKDHER
Rajat Pharmachem Ltd – Appellant
Versus
State Trading Corporation of India Ltd – Respondent
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
Bhavnagar University v. Palitana Sugar Mill (P) Ltd. (2003) 2 SCC 111
Chidambara Iyer v. Renga Iyer AIR 1966 SC 193
Collage Culture v. Apparel Export Promotion Council CrI.M. No. 3011/2004
Jindal Steel and Power Limited and Anr v. Ashoka Alloy Steel Limited and Anothers 2006 (9) SCC 340
K. Bhaskaran v. Sankaran Vaidhyan Balan and Anr. (1999) 7 SCC 510
K.S. Bakshi & Anr. v. State & Anr. 146 (2008) DLT 125
Prem Chand Vijay Kumar v. Yashpal Singh and Another (2005) 4 SCC 417
Saketh India Ltd & Ors. v. India Securities Ltd. (1993) 3 SCC 1
Shamshad Begum (Smt) v. B. Mohammed (2008) 13 SCC 77 : 2009 (108) DRJ 142[SC]
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