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2009 Supreme(Del) 1365

VINAY KUMAR JAIN
Nitin Kumar & Others. – Appellant
Versus
NCT of Delhi Through Its Standing Counsel & Anr. – Respondent


Advocates Appeared:
Jayant Sud, O.P.Saxena, Mohit Mudgil

V.K. Jain, J.;-

1. These are petitions under Section 482 of the Code of Criminal Procedure seeking quashing of the complaint case filed by respondent No.2 against the petitioner under Section 138 of Negotiable Instruments Act. The complaints were filed against a company Tip Info Centre Pvt. Ltd. & Others, including the petitioner. It has been alleged in the petitions that the petitioner is neither a Signatory to the cheque in question nor had he handed over to the complainant. It has been further alleged that the petitioner had resigned as a Director of this company on 10th August, 2007, much prior to the issue of cheque in question.

2. A perusal of the complaint would show that accused No.1 is a private limited company. Accused No.4 Nitin Kumar was alleged to be a Director and share holder of accused No.1. It has been further alleged in the complaint that the accused, towards payment of legally recoverable debt, issued the cheque in question to the complainant, which, when presented, was dishonored. It has been generally alleged in the complaint that “the accused has been actively involved in the affairs of accused No.1 and is a necessary party to the offence.”

3. It is an admitted c





































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