SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

V.K.JAIN
K. O. Issac – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Harshad V. Hameed
For the Respondent: R.N. Vats, Addl. PP, Jayant K. Sud, Atul Sahi and Anupam Mishra

JUDGMENT :

V.K. JAIN, J.

1. In these petitions u/s 482 of Code of Criminal Procedure, the petitioners are seeking quashing of the charge/notice framed against them u/s 251 of the Code, on a complaint filed by the respondent No. 2 u/s 138 of Negotiable Instruments Act. It has been stated in the petition that M/s Samudra Bio Pharma (P) Ltd. Formerly known as Shantha Marine Biotechnologies Pvt. Ltd. (hereinafter referred as 'the Company') was granted loan assistance of Rs. 350.00 lacs by respondent No. 2. On account of financial difficulties, the company could not make repayment of the loan taken by it and entered into a Deed of Settlement, pursuant to which 48 Post Dated Cheques were issued to Respondent No. 2. The cheques, when presented, were dishonoured for want of funds. Complaints u/s 138 of Negotiable Instrument Act were filed by Respondent No. 2 at New Delhi against four persons including the Company and the petitioners.

2. The case of the petitioners is that the court of Metropolitan Magistrate at Delhi lacked jurisdiction to entertain the complaint as no cause of action arose in Delhi. It has also been stated that the complaint does not contain any averment to show as to how th



















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top