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2014 Supreme(Del) 530

VED PRAKASH VAISH
Balaji Sales Corporation – Appellant
Versus
Him Alloys & Steels Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Nanda K. Jha, Advocate.
For the Respondents:R1, Anil Gera, Advocate, for Karan Singh, APP.

Judgment :

1. This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `Cr.P.C.) against the impugned order dated 11.11.2010 passed by the learned Metropolitan Magistrate (C-02), Delhi whereby the petitioners have been summoned for the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as `the Act’) in a complaint case No.2587/1/11 titled as `M/s Him Alloys & Steels Pvt. Ltd. Vs. M/s Balaji Sales Corporation & Ors.’ and order dated 11.1.2012 whereby notice under Section 251 Cr.P.C. was given to the petitioners.

2. In a nutshell, the facts of the present case are that respondent No.1/complainant filed a complaint for the offence under Section 138 of the Act against the petitioners on the allegations, inter alia, that the petitioners entered into an agreement dated 31.1.2009 for supply of 30,000 MT of heavy melting steel scrape i.e. CR/HR trimming & cut pieces, miss roll of TMT bars, Angle/channel etc. to the respondent/complainant company within a period of six months from the date of the agreement. It was agreed that 200 tonnes of scrap would be loaded and remitted to the respondent company on dai







































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