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2022 Supreme(Del) 424

ASHA MENON
Rajeev Ranjan Sinha – Appellant
Versus
Sushil Kumar Saxena – Respondent


Advocate Appeared:
For the Appellant :Mr. Siddharth Dutta and Ms. Gunjan Malhotra, Advocates.
For the Respondents: Ms. Manjeet Arya, APP.

JUDGMENT :

Asha Menon, J.

1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”) seeking the quashing of the summoning order dated 18th November, 2021, passed by the learned Metropolitan Magistrate, Patiala House Courts, New Delhi (for short, “learned Trial Court”) in Complaint Case No. 9486/2018 filed by the respondents No. 1 and 2 against the petitioner under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (for short, the “N.I. Act”).

2. It may be noted, at this juncture, that the order impugned is not the summoning order. Rather, it is the order dismissing the application of the petitioner seeking discharge, which is dated 18th November, 2021 and has been placed on the record as Annexure P-15 at pages 77-78 of the E-file. The summoning order is dated 21st July, 2012 and has been placed on the record as Annexure P-10.

3. The complaint was filed when the cheque dated 18th May, 2012 issued by the petitioner for a sum of Rs. 24 lakhs, drawn on Indian Overseas Bank, Institutional Area, Secto-62, Noida, Uttar Pradesh, was dishonoured. After the learned Trial Court had summoned the accused/petitioner to fac

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