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2022 Supreme(Del) 2037

SUDHIR KUMAR JAIN
Aryan Biological Corporation – Appellant
Versus
Vishwakarma Metal Box – Respondent


JUDGMENT

Sudhir Kumar Jain, J.

1. The present petition is filed under section 482 Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") for quashing of the impugned order dated 28.06.2018 (hereinafter referred to as the "impugned order") whereby notice under section 251 of the Code was given to the petitioners alongwith consequential proceedings passed in complaint titled as M/s Vishwakarma Metal Box & another V M/s Aryan biological Corporation & another bearing CC no. 17879/2016 by the Court of Sh. Mohit Sharma, Metropolitan Magistrate-01, District West, Tis Hazari Courts, Delhi (hereinafter referred to as the "trial Court").

2. The respondents no.1 and 2/complainants (hereinafter referred to as "the respondents") have filed a complaint under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "NI Act") titled as M/s Vishwakarma Metal Box & another V M/s Aryan biological Corporation & another bearing CC no. 17879/2016 on the allegations that the respondent no. 2/Sanjay Gaur is carrying on wholesale business of metal boxes under the name and style of M/s Vishwakarma Metal Box, the respondent no. 1 being its sole proprietor. The a

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