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2013 Supreme(Del) 1447

J.R.MIDHA
Ambica Plastopack Pvt Ltd. – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Petitioners:Sunil Goyal with Ms. Shivani Goyal, Advocates.
For the Respondents:Ms. Ritu Gauba, APP, R2, Pramit Saxena, Advocate with B.K. Gupta, Authorized Representative.

Judgment :

1. The petitioners have challenged the summoning order dated 24th February, 2011 passed by the learned Metropolitan Magistrate in a complaint under Section 138 of the Negotiable Instruments Act.

2. Vide ex parte order dated 17th August, 2011, the notice of this petition was issued to the respondents and the proceedings before the learned Metropolitan Magistrate were stayed. The interim order is continuing till date and the proceedings before the learned Metropolitan Magistrate are stayed for last more than two years.

3. The brief relevant facts relating to this case are as under:-

(i) Respondent no.2 was supplied printing ink/adhesive to the petitioners in terms of the orders placed from time to time. The petitioners issued four cheques bearing Nos. 743797 dated 27th September 2010, 743780 dated 24th September, 2010, 744724 dated 28th September, 2010 and 743798 dated September 25thSeptember, 2010 for Rs.10 lacs each drawn on Bank of Baroda, Faridabad to respondent no.2 in part discharge of the above liability.

(ii) Respondent no.2 presented the above mentioned four cheques to Bank of Baroda, Mayur Vihar, Phase-I. However, all four cheques were returned as unpaid for r










































































































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