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2020 Supreme(Del) 1483

RAJNISH BHATNAGAR
GULAM REZA – Appellant
Versus
ITPL INFRASTRUCTURE PVT. LTD. – Respondent


Advocates Appeared:
Dr. Syed Ejaz Abbas Naqvi, Adv., for the Appellant

JUDGMENT :

Rajnish Bhatnagar, J.

CRL. M.A. 2630/2020

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

CRL.M.C. 633/2020

1. The petitioner has filed the present petition u/s 482 of the Cr.P.C. with the prayer to quash the summon dated 19.08.2019 regarding issuance of the process alongwith the CT Case No. 12356/19 under Section 138 of the M Act pending in the Court of MM-4, South District, Saket Court.

2. The respondent herein had instituted a complaint under section 138 Negotiable Instruments Act 1881 read with Section 420 IPC against the petitioner herein in respect of non-payment against one dishonoured cheque for the amount of Rs. 65,00,000/- issued by petitioner in favour of the respondent company.

3. The Metropolitan Magistrate issued summons dated 19/08/2019 U/s 138 NI Act requiring the petitioner to attend the Court.

4. The petitioner feeling aggrieved, filed the present petition invoking jurisdiction of this Court U/s 482 Cr.P.C.

5. It has been mainly argued by the Ld. counsel for the petitioner that there are no dues towards anyone as the respondent has received the entire amount. He further argued that criminal colour has been given to civil pro

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