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2018 Supreme(Del) 1695

R.K.GAUBA
INDIASIGN P. LTD. – Appellant
Versus
HINDUSTAN BROADCASTING CO. P. LTD. – Respondent


Advocates Appeared:
For the Appellant :Ms. Nisha Narayanan, Advocate

ORDER :

1. The petitioner company had presented six criminal complaints in the court of the Metropolitan Magistrate, they having been registered as Crl. Complaint nos.328/1/13, 337/1/13, 338/1/13, 382/1/13, 1080/1/14 & 1099/1/14 – each seeking prosecution of the respondents for the offence under Section 138 of the Negotiable Instruments Act, 1881 on the allegations that no payments had been made by them pursuant to the notices of demand in the wake of dishonor of certain cheques which had been issued by the respondents in favour of the petitioner (complainant) towards discharge of their liability. The Metropolitan Magistrate appears to have initially taken cognizance on the said complaints and, after preliminary inquiry, issued processes against the respondents.

2. The complaints, however, were directed by order dated 24.01.2015 to be returned to the complainant in view of the directions of the Supreme Court in the decision reported as Dashrath Rupsingh Rathod Vs. State of Maharashtra and Anr., (2014) 9 SCC 129, taking note of the fact that the cheques in question had been drawn and issued by the respondents against the account of the first respondent with the Central Bank of India,

















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