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2013 Supreme(Del) 75

G.P.MITTAL
Maninder Singh Narula – Appellant
Versus
Pawan Kumar Ralli – Respondent


Advocates Appeared:
For the Petitioner:Vikas Pahwa, Senior Advocate, Manish Miglani, Advocate.
For the Respondent:Amit Bajpai, Advocate.

JUDGMENT

G. P. Mittal, J.

1. By virtue of this Petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) the Petitioner seeks quashing of the criminal complaint case No.819/2012 and the summoning order dated 12.07.2012 passed by the Learned Metropolitan Magistrate (MM), Karkardooma Court, Delhi.

2. Before adverting to the grounds raised in the Petition, I would in brief narrate the facts leading to the filing of the complaint under Section 138 of the Negotiable Instruments Act, 1881 (the N.I. Act). According to the Respondent (the Complainant before the MM), three cheques for `30 lacs, 20 lacs and 10 lacs drawn on Allahabad Bank and ICICI Bank respectively were issued by the Petitioner in favour of the Respondent towards discharge of his liability for a loan of `60 lacs. After issuing the three cheques in favour of the Respondent, the Petitioner fraudulently instructed his Banker to “stop payment” in respect of the said cheques, since the Petitioner did not have sufficient funds in his account. When the earlier said cheques were presented, the same were dishonoured. The Respondent, therefore, issued a demand notice dated 24.05.2012 calling upon the Petitioner to make th
































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