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2018 Supreme(Del) 1693

R.K.GAUBA
JWALA DEVI ENTERPRISES P. LTD. – Appellant
Versus
FADI EL JAOUNI – Respondent


Advocates Appeared:
For the Appellant :Mr. Tanmay Mehta, Advocate with Mr. Rajeev Aggarwal, & Mr. M. Mittal, Advocates.
For the Respondent:Mr. Sandeep D. Das, Advocate with Ms. Varuna Bhanrale & Ms. Vatsala Kumar, Advocate

ORDER :

1. On 19.03.2014, eleven criminal complaints were filed in the court of the Metropolitan Magistrate, each seeking prosecution of the parties shown in the array of respondents for offences punishable under Section 138 of the Negotiable Instruments Act, 1881, two of such complaints i.e. the complaint nos.800/1/14 and 802/1/14 having been presented by Jwala Devi Enterprises Pvt. Ltd. through its authorized representative Sat Parkash Bansal and the rest – complaint nos.799/1/14, 812/1/14, 813/1/14, 814/1/14, 815/1/14, 839/1/14, 840/1/14, 841/1/14 and 842/1/14 – having been presented by Anand Prakash Bansal, Proprietor of M/s. Pooja Enterprises. Each of the said criminal complaints were directed against several persons including a company described as M/s. Bush Foods Overseas Pvt. Ltd. It may be mentioned that Mr. Virkaran Awasty was reflected in the array of the accused as the Managing Director of the said company accused. The respondents in these petitions were amongst the other persons shown as accused in the said complaints, each of them having been described as “Director” of the said company accused.

2. On the basis of the preliminary inquiry in each case, the Metropolitan Ma














































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