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2015 Supreme(Del) 3615

MANMOHAN SINGH
Sushila Badola – Appellant
Versus
Tushar Patni – Respondent


For the Petitioner:Mr. Gaurav Puri, Adv. with Ms. Nupur Pandey, Mr. Varun Bhardwaj, Advocates.
For the Respondents:Mr. Satish Tamta, Adv. with Ms. Nisha Narayanan, Advocate.

JUDGMENT :

Manmohan Singh, J.:--

1. The petitioner has filed the present petition under Section 482 of Cr.P.C. for quashing the Complaint Case No. 21/1 dated 8th February, 2010 and the notice under Section 251 Cr.P.C. dated 6th April, 2010 and further proceedings arising out of the complaint pending before learned Metropolitan Magistrate.

2. The Criminal Complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the “Act”) for a sum of Rs. 75 lacs against alleged liability to pay an amount of Rs. 3,00,00,000/- filed by respondent No. 1 through respondent No. 2 Mr. Prashant Mamgain who is allegedly holding a Special Power of Attorney of Mr. Tushar Patni/respondent No. 1. It was claimed in the complaint that the respondent No. 1 had given a friendly loan of Rs. 2,00,00,000/- in cash way back on 10th May, 2006 to the petitioner. It is alleged by the petitioner that she has never seen respondent No. 1 in her life and therefore, the question of taking friendly loan to the extent of Rs. 2 Crores in cash, does not arise. It is averred in the petition that on 12th March, 2010, the petitioner received NBW which was issued against her for 18th March, 2010 f



































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