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2022 Supreme(Del) 235

MANOJ KUMAR OHRI
Rayapati Power Generation Pvt. Ltd. – Appellant
Versus
Indian Renewable Energy Agency Ltd (ireda) – Respondent


Advocates Appeared:
Mr. Dhruv Dwivedi and Mr. Sheikh Bakhtiyar, Advocates, for the Appellant.

JUDGMENT

Manoj Kumar Ohri, J. - The present petitions have been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of Criminal Complaint Nos. 20581/2016, 15489/2016 and 941/2017 respectively, pending before the learned Metropolitan Magistrate, Patiala House Courts, Delhi, qua the petitioners. While petitioner No.1 is the accused Company, petitioner No.2 is its Managing Director/Authorized Signatory.

2. The above-noted petitions arise out of different complaints filed under Section 138 read with Sections 141/142 of the Negotiable Instruments Act, 1881 (hereinafter, referred to as 'the N.I. Act') and involve the same parties. Accordingly, the petitions are taken up for hearing together and shall be disposed of by a common order.

3. Learned counsel for the petitioners submits that the impugned criminal complaints are not maintainable qua the petitioners, as the relevant legal demand notices were issued after the expiry of statutory period of 30 days set out under the N.I. Act. It is contended that the said notices being invalid, the necessary ingredients of

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