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2012 Supreme(Del) 123

SURESH KAIT
Sharma Contracts (India) Pvt. Ltd – Appellant
Versus
State – Respondent


Advocates appeared:
For the Petitioner:Subhasish Mohanty, Advocate.
For the Respondents:R2 -Ms. Ritu Gauba, APP for State, J.K. Bhola, Advocate.

Judgment :

SURESH KAIT, J.

1. Vide the instant petition, the petitioner has assailed the order dated 15.4.2011 passed by the learned Metropolitan Magistrate, Delhi whereby summons have been issued against the petitioner.

2. The facts of the case in brief are that the respondent No.2/complainant dealt in plywood, Block board flush door, Laminates Decorative and Adhesive with terms of the sale. The petitioner approached the respondent No.2 for the purpose of supplying of ply timer veneer of various sizes and quantity and after due negotiations, the complainant agreed to supply the same. From April, 2010 till October 9th, 2010, (with opening balance of `. 11,81,098/-as on 1st April, 2010), the petitioner purchased material against acknowledged invoices for a sum of ` .2,14,50,519/-details of which are as under:

3. Against the supply of the material and after being approved and acknowledged, the following payments were made:

S.No. Sales Bill No. Amount

1 6th April, 2010 001 3,08,667/-

2 6th April, 2010 002 3,56,954/-

3 10th April, 2010 003 9,05.766/-

4 15th April, 2010 004 89,270/-

5 15th April, 2010 005 8,23,806/-

6 26th April, 2010 007 5,71,445/-

7 30th April, 2010 008 8,17,607/-

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