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2023 Supreme(Del) 339

SWARANA KANTA SHARMA
Mohit Shah – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner: Mr. Aayushmaan Vatsyayana, Ms. Aditi Warrier and Mr. Manas Tripathi.
For the Respondents: Mr. Manoj Pant, Mr. N.P. Singh, Mr. Harsh Bhatia, Mr. Vikalp Mishra and Ms. Anupama Kaul.

JUDGMENT :

Swarana Kanta Sharma, J.

1. The present application under Section 482 of Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) has been filed by the petitioner seeking quashing of summons issued against him by the Court of learned Metropolitan Magistrate-01, New Delhi District, Patiala House Courts, New Delhi vide order dated 19.02.2019 in Complaint Case No. 4825/2019 filed under Sections 138/141 of the Negotiable Instruments Act, 1881 (hereinafter “NI Act, 1881”).

2. The brief facts of the case are that on 05.04.2018, the accused Company i.e. M/s Ashapura Intimates Fashion Ltd. (hereinafter “Company”) borrowed a loan of Rs. 1,00,00,000/- (Rupees One Crore Only) from respondent no. 2 in the form of an Inter Corporate Deposit through an RTGS Transfer for a period of 124 days @ 13 per cent per annum. Three post-dated cheques, signed by the Managing Director, of amounts Rs.3,97,480/- (interest), Rs. 50,00,000/- (principal) and Rs.50,00,000/- (principal) were issued by the Company in view of the said deposit. The interest amounting to Rs. 3,97,840/- on the abovestated principal amount was realised by respondent no. 2 on 06.08.2018 whereas, upon request from Company, an exten

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