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2014 Supreme(Del) 2628

VED PRAKASH VAISH
Boston Beverages Pvt. Ltd. – Appellant
Versus
Kingston Beverages – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Rajat Wadhwa, Advocate.
For the Respondents:V. Sridhar Reddy, Advocate.

Judgment

1. By was of these petitions filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’), the petitioner assails orders dated 06.09.2014 passed by learned Metropolitan Magistrate (NI Act), Central-01, Tis Hazari Courts, Delhi (in Crl. M.C. No.4380/2014) and order dated 08.09.2014 passed by learned Metropolitan Magistrate-03, Central, Tis Hazari Courts, Delhi (in Crl. M.C. No.4381/2014), whereby the complaint(s) have been returned to the petitioner/ complainant for filing the same in the Court(s) having proper jurisdiction.

2. Since both these petitions involve an identical question of law and, therefore, these petitions are being disposed of by this common order.

3. Briefly stating the facts giving rise to filing the present petitions are that the petitioner/ complainant filed complaint(s) under Section 138 of Negotiable Instruments Act, 1881 (‘NI Act’, for short) against respondents for the offence under Section 138 of NI Act. Crl. M.C. No.4380/2014 pertains to cheque Nos.034059 dated 15.04.2014 & 034060 dated 15.05.2014 for a sum of Rs.10,00,000/- (Rupees Ten lakhs) each, and Crl. M.C. No.4381/2014 pertains to cheque No. 034064 dated 1












































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