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2021 Supreme(Del) 1900

J. R. MIDHA
Sunil Tyagi – Appellant
Versus
Govt Of NCT Of Delhi – Respondent


Advocates appeared:
Ajayinder Sangwan, Advocate, Raj Sharma, Advocate, Arun Rathi, Advocate, Summinder Paswan, Advocate, Siddharth Gill, Advocate, Rahul Mehra, Advocate, Chaitanya Gosain, Advocate, Rajesh Deo, Advocate, Nikhil Goel, Advocate, Vinay Mathew, Advocate, Dushyant Sarna, Advocate, Dayan Krishnan, Advocate, Manvi Priya, Advocate, Aakashi Lodha, Advocate, Sukrit Seth, Advocate, Niharika Kaul, Advocate, Sanjeev Seshadri, Advocate, Vikas Pahwa, Advocate, G.S. Bajpai, Advocate, Rajshekhar Rao, Advocate, L.S. Chaudhary, Advocate

JUDGMENT

J.R. Midha, J. - Crl.M.C. 5328/2013

1. The petitioner is seeking quashing of FIR No.27/2013 dated 22nd January, 2013, PS Amar Colony under Section 174A IPC.

2. The petitioner is a Director of M/s Core Builders Pvt. Ltd., who issued a cheque bearing No.002310 dated 06 th July, 2010 for Rs.20,00,000/- to respondent No.2. The aforesaid cheque was dishonoured upon presentation due to insufficiency of funds whereupon respondent No.2 instituted a complaint under Section 138 Negotiable Instruments Act against M/s Core Builders Pvt. Ltd. as well as against the petitioner.

3. The learned Metropolitan Magistrate issued summons to the petitioner at the addresses given in the complaint namely 1007, New Delhi House, 27, Barakhamba Road, New Delhi 110001 and Prabhat Nagar, Meerut City, Meerut, U.P. The summons issued to the Barakhamba Road address returned unserved with the remarks that there was no firm with the name of M/s Core Builders Pvt. Ltd. at the given address whereas the summons issued to Meerut address returned unserved with the remarks that the address was incomplete as no house number has been given in the complaint.

4. Respondent No.2 filed an application dated 06th January, 2

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