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2023 Supreme(Del) 4707

SWARANA KANTA SHARMA
Ashok Kumar Gupta – Appellant
Versus
Anil Gupta – Respondent


Advocates appeared:
Mr. Saraswata Mohapatra, Advocate, for the Petitioners.
Mr. Avadh Kaushik, Advocate, for the Respondent.

JUDGMENT

Swarana Kanta Sharma, J.

1. The petitioner has preferred the present petition under Section 482 of the Criminal Procedure Code, 1973 (`Cr.P.C.') for setting aside the impugned summoning order dated 04.12.2017 passed by the learned Metropolitan Magistrate, Rohini (North) District Courts, Delhi in Criminal Complaint No. 5235/2017 titled as `Anil Gupta Vs. M/s YMS Mobitech Pvt. Ltd. & Ors' whereby the petitioners had been summoned for the offences punishable under Section 138 read with Section 141, Negotiable Instruments Act, 1881 (`NI Act').

2. The petitioners herein had been arraigned as accused no. 3 and 4 in the complaint under Section 138 of NI Act filed by respondent.

3. Briefly stated, as disclosed from the complaint, the accused persons had approached the complainant and authorized him to work as their super-distributor for which complainant had invested a substantial amount of Rs.1,04,33,075/- (Rupees one crore four lakhs thirty thousand and seventy-five only) with accused no. l i.e., M/s YMS Mobitech Pvt. Ltd. Since a substantial amount had accumulated in favour of the complainant, accused had issued a cheque bearing no. 002027 dated 17.08.2017 for a sum of Rs. 14

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