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2021 Supreme(Del) 740

MANOJ KUMAR OHRI
In the Matter of: R. Vijay Kumar – Appellant
Versus
IFCI Factors Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Dr. Amit George, Mr. Saurabh Bhargavan, Mr. Rayadurgam Bharat, Ms. Shweta Sharma.

JUDGMENT :

MANOJ KUMAR OHRI, J.

1. The present petitions have been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of Complaint Case Nos. 627314/2016 and 618548/2016 arising out of the proceedings initiated under Sections 138/141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the N.I. Act). Additionally, the petitioner has prayed for quashing of the order dated 07.04.2021 passed by the learned Metropolitan Magistrate (N.I. Act), South-East District, Saket Courts, New Delhi, whereby his application seeking discharge/dropping of the proceedings qua him has been dismissed.

2. Briefly stated, the facts of the instant case are that respondent No. 1/complainant filed the aforesaid complaints under Sections 138/141 N.I. Act claiming that the cheques in question were issued in its favour by the accused company, i.e. Daily Life Retail and Trading Pvt. Ltd. and the same, on presentation, were dishonoured and returned with the remarks account closed. As a result, a legal notice dated 30.07.2010 was issued and on failure of the accused persons to clear the outstanding payment in terms of the cheques in question, the aforesaid complaints came to be

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