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2021 Supreme(Del) 259

SURESH KUMAR KAIT
Surendra Kumar Hooda (Retd. ) – Appellant
Versus
Kapil Gupta – Respondent


Advocate Appeared:
For the Petitioner:Madhav Khurana, Kartikeye Dang, Advocates.
For the Respondent:Tanveer Ahmed Mir, Yatharth Dohare, Laksh Khanna, Advocates.

JUDGMENT :

1. Vide above captioned four petitions, the petitioner seeks quashing of orders dated 16.3.2017, 25.06.2018 and 25.06.2020, passed by the learned Metropolitan Magistrate in complaints under Section 138 of Negotiable Instrument Act, 1881 (NI Act).

2. The above captioned first petition [CRL.M.C.1779/2020] pertains to Complaint No.612304/206. The second captioned petition [Crl.M.C. 1782/2020] pertains to Complaint No. 611606/2016. The above captioned third petition [Crl.M.C. 1783/2020] pertains to Complaint No. 611608/2020. The fourth captioned petition [Crl.M.C. 1784/2020] pertains to Complaint No.612305/2016. Since the subject matter of these petitions pertain to four different complaints (henceforth referred to as the “complaints in question”) relating to one residential real estate project, namely, “Spire Woods”, therefore, with the consent of learned counsel for the parties, these petitions have been heard together and are being disposed of by this common judgment.

3. These petitions have been preferred by the petitioner seeking quashing of orders dated 16.3.2017 and

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