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2020 Supreme(Del) 271

MANOJ KUMAR OHRI
Sunita Palta – Appellant
Versus
Kit Marketing Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Saraswata Mohapatra, Advocate
For the Respondent:Mr. Rajiv Sharma, Advocate

JUDGMENT :

1. The present proceedings are instituted under Section 482 Cr.P.C challenging the order dated 14.02.2017 passed by the Metropolitan Magistrate in CC No.874/2017 whereby the present petitioners were summoned for the offence punishable under Section 138 N.I. Act.

2. The respondent, a private limited company, had filed a complaint through its authorized representative stating that it was engaged in the business of plywood in the name and style of M/s Kit Marketing Private Limited. The accused are regular purchasers of goods from the complainant on credit basis and have made regular payment towards sale consideration from time to time in the past. On 01.12.2016, there was an outstanding balance of Rs.36,46,758/- payable by the accused against which following four account payee cheques were issued:

Cheque Nos

Dated

Amount in Rs

489872

02.09.2016

95,718/-

489853

09.09.2016

7,62,548/-

489897

19.09.2016

3,31,740/-

640194

07.11.2016

1,55,142/-

3. All the aforesaid cheques were drawn on State Bank of India, Nehru Place, New Delhi from the

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