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2015 Supreme(Del) 206

SUNITA GUPTA
G. L. Sharma – Appellant
Versus
Hemant Kishor – Respondent


Advocate Appeared:
For the Appellant:K.K. Manan, Nipun Bhardwaj, Ravinder, Advocates along with In person.
For the Respondents:Vikash Chandra, S.L. Gupta, Advocates.

Judgment :-

Sunita Gupta, J.

1. Vide this common judgment, I shall dispose of two appeals bearing Crl.A.No.1400/2011 and 1401/2011 as both the appeals have been filed by an unsuccessful complainant in case relating to offence punishable under Section 138 of Negotiable Instruments Act, 1881 (in short “NI Act”) against the respondents who are mother and son, inter alia, on the allegation that CC No.1953/1/2009 was filed before Additional Chief Metropolitan Magistrate against the accused Hemant Kishore on the ground that the accused, for repayment of his debt liability, issued one cheque bearing No.717470 dated 22nd August, 2008 for Rs.3 lacs drawn on Indian Bank, New Delhi but on presentation, the cheque was returned unpaid with remarks “fund insufficient”. Thereafter, a legal notice dated 16th March, 2009 was issued by the complainant demanding the money but on failure of the accused to pay the amount, the complaint was filed. CC No. 1954/1/2009 was filed against the accused Shobha Saxena on the allegations that cheque bearing No.538942 dated 7.1.2009 amounting to Rs.3,00,000/- drawn on Indian Overseas Bank, New Delhi was issued towards discharge of debt liability which on presentati










































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