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2013 Supreme(Del) 1454

J.R.MIDHA
Vijay Ghai – Appellant
Versus
Pal Singh Kartar Singh – Respondent


Advocate Appeared:
For the Petitioners:Ms. Arundhati Katju, Sidharth Joshi, Ms. Prerna, Ms. Gunjan Chawla Advocates.
For the Respondents:Ms. Ritu Gauba, APP, R2, Neeraj Gupta, Advocate.

Judgment :

J.R. Midha, J.

1. The petitioners have challenged three summoning orders passed by the learned Magistrate in three separate complaints under Section 138 of the Negotiable Instruments Act.

Brief facts

CRL.M.C.Nos.603-04/2012

2. The petitioner appointed respondent no.2 as its franchisee to sell its products on commission basis vide agreement dated 4th September, 2006. The franchisee business came to an end with effect from 14th July, 2010 when the parties settled their disputes amicably vide Memorandum of Understanding dated 14th July, 2010 and the petitioner paid Rs.5,00,000/- to the respondent in full and final settlement vide post-dated cheque no.020030 dated 19th February, 2011 drawn on ICICI Bank, Ludhiana which was deposited by respondent no.2 in State Bank of India, Saraswati Vihar, Delhi and was dishonoured due to insufficient funds. Respondent no.2 issued a notice dated 8th April, 2011 to the petitioner by registered A.D. post duly received by the petitioners who chose not to reply. Respondent no.2 instituted a complaint under Section 138 of the Negotiable Instruments Act before the ACMM, Rohini Courts, Delhi. Respondent no.2 filed the evidence by way of his affi

































































































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