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2019 Supreme(Del) 1508

MUKTA GUPTA
Samsung India Electronics Private Limited – Appellant
Versus
Mgr Enterprises – Respondent


Advocates Appeared:
Ramesh Gupta, Adv., Ajay P Tulsi, Adv., Khushboo Nahar, Adv., Praveen Sangwan, Adv.

JUDGMENT :

Mukta Gupta, J.

Crl. M.A. No. 11285/2019 (Exemption)

Exemption allowed subject to just exceptions.

Crl.M.A. No.11284/2019 (Delay)

For the reasons stated in the application delay of 39 days in filing the leave to appeal petition is condoned.

Application is disposed of.

CRL.L.P. 344/2019

1. Aggrieved by the judgment dated 11th February 2019, whereby the learned Metropolitan Magistrate acquitted the respondent for the offence punishable under Section 138 Negotiable Instruments Act, 1881 the petitioner/complainant has preferred the present leave petition.

2. Briefly stated, the facts of the present case as per the complaint are that the complainant/petitioner is a company duly incorporated under the Companies Act and is in the business of manufacture and sale of consumer electronics and home appliances with the brand name of "Samsung" and is represented by its AR/Assistant Manager Manish Aggarwal. Respondent No.1 is a partnership firm and respondent no.2 to 6 are partners in the firm. The petitioner company had appointed respondent firm as its dealer for Samsung products pursuant to which the respondent firm placed orders for supply of various home appliances which were supplied by t

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