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2022 Supreme(Del) 1526

TALWANT SINGH
Ramesh Kumar Uppal – Appellant
Versus
Matra Chayya Exports – Respondent


Advocates appeared:
Abdullah Tanveer, Advocate

JUDGMENT

Talwant Singh, J. - The petitioner has filed this present petition under Section 407 of the Code of Criminal Procedure, 1973 (hereinafter referred to 'Cr. P.C.') seeking transfer of complaint case bearing CC no. 433/2021 titled as 'Ramesh Kumar Uppal vs. Matra Chayya Exports & Ors' under Section 138 of the Negotiable Instruments act, 1881 (hereinafter referred to 'NI act'). The transfer of the said complaint case has been sought from the Court of Sh. Devanshu Sajlan, learned Metropolitan Magistrate (MM), West District, Tis Hazari Court, Delhi to the Court of competent jurisdiction in North District, Rohini Court Complex, New Delhi.

2. The background of the case is that the respondent availed friendly loan of Rs.50.00 lacs from petitioner in the year 2017 and as a part discharge of his liability he had issued a cheque bearing no.717566 drawn on Yes Bank, Paschim Encalve, Peeragarhi Chowk, New Delhi-110087 amounting to Rs.27,92,650/-. The petitioner deposited the said cheque in his bank account maintained with the Corporation Bank, Model Town, New Delhi for encashment. This cheque was returned dishonoured vide return memo dated 15.09.2020. a legal notice was issued to the resp

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