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2022 Supreme(Del) 439

ASHA MENON
Hari Shamsher Kaushik – Appellant
Versus
Jasbir Singh, Managing Director, M/S Accura Care Pharmaceuticals Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Mahesh K. Mehta, Advocate.

JUDGMENT :

Asha Menon, J.

1. This petition has been filed under Section 482 Cr.P.C. by the complainant for setting aside the orders dated 28th August, 2015 and 23rd October, 2017, passed by the learned Trial Court and the learned Appellate Court respectively, dismissing his complaint case.

2. The petitioner had filed a complaint case under Section 138 of Negotiable Instruments Act, 1881 (“N.I. Act”, for short) against the respondent. It was stated in the complaint that the commercial space owned by the petitioner in Punjabi Bagh (West) had been let out upon terms and conditions incorporated in the registered Rent Agreement dated 23rd February, 2010. This was executed between the petitioner (landlord) and the respondent’s company, namely, M/s Accura Care Pharmaceuticals Pvt. Ltd. through its Managing Director i.e., the respondent. In March-April, 2013 the respondent is alleged to have issued five cheques across the company duly signed by him as Managing Director to discharge the company’s liability to pay the rent aggregating to Rs.16,95,000. These bounced. As a result of which, the complaint was filed.

3. Mr. Mahesh K. Mehta, learned counsel for the petitioner submitted that the learne

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