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2016 Supreme(Del) 2209

P.S.TEJI
MAYANK PATHAK – Appellant
Versus
ELCOME TRADING COMPANY PVT. LTD. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Nasir Aziz and Mr. Vinay Srivastava, Advs.
For the Respondent: Mr. Kamal Kumar Ghei, APP and Mr. Ritesh Bahri and Mr. Vinay Kr. Gupta, Advs.

JUDGMENT :

P.S. TEJI, J.

1. The present revision petition under Section 397(3) read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as the “Cr.P.C.”) has been filed by the petitioner against the common judgment of conviction dated 10.12.2014 and common order on sentence dated 09.01.2015 passed by the learned Metropolitan Magistrate which has been confirmed by the learned Additional Sessions Judge vide common order dated 03.09.2015.

2. The facts, in brief, are that two complaints bearing CC No. 140/2012 and 141/2012 under Section 138 of the Negotiable Instruments Act, 1881 were filed by the respondent no.1-company. The complainant company-M/s. Elcome Trading Company Pvt. Ltd. (respondent no.1-herein) is a private limited company duly registered under the Companies Act, 1956 which was engaged in the business of computer hardware/software, computer peripheral and other computer related articles. The petitioner was having business dealings with the complainant company. The petitioner had purchased various items from the complainant. To discharge his liability, the petitioner had issued six post dated cheques of different dates. When the said cheq



















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