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2023 Supreme(Del) 1211

AMIT MAHAJAN
Ridhima Jain – Appellant
Versus
Interarch Building Products Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Sameer Chandra and Mr. Yash Kirti Kumar Bharti, Advocates, for the Petitioner.
Ms. Charu Sangwan, Advocate, for the Respondent.

JUDGMENT

Amit Mahajan, J.

1. The present petition is filed seeking quashing of the order dated 31.03.2021, passed by the learned MM (NI Act, Patiala House Courts, New Delhi), in Criminal Complaint bearing number 10567/2020, titled as M/s Interarch Building Products Pvt. Ltd. v. Swift Construction Expert & Ors., taking cognizance for an offence under Section 138 of the Negotiable Instrument Act (hereinafter referred as "NI Act").

2. The petitioner also seeks quashing of the complaint number 10567/2020.

3. The complaint was filed by the respondent alleging that M/s Swift Construction Expert (hereinafter referred as "accused firm"), a partnership firm had approached Respondent No. 1, in January, 2019, for design, engineering, fabrication, supply, and erection of pre- engineered steel building for its showroom and workshop project in Hardoi, Uttar Pradesh.

4. Pursuant to the acceptance of the proposal, the revised purchase order dated 10.05.2019 was issued and accepted after which further bills and invoices were also raised by the complainant on 18.05.2019 for a total sum of Rs.1,24,19,840/-. It is alleged that after sending numerous reminders to the accused company, on 23.05.2019,

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