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2023 Supreme(Del) 5750

SAURABH BANERJEE
Nayati Medical Pvt. Ltd. – Appellant
Versus
A. S. Pharma Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Simarpal Singh Sawhney and Mr. Siddhant Juyal, Advocates Mr. Vinit Trehan and Mr. Bhavya Jain, Advocates, for the Appellant; Mr. Vinit Trehan and Mr. Bhavya Jain, Advocates, for the Respondent.

JUDGMENT

1. The present petition has been filed by the petitioners under Section 482 of the Code of the Criminal Procedure, 1973 [Cr.P.C.] seeking setting aside the order dated 06.02.2023 passed by the learned Trial Court in Complaint Case No.5564/2022 titled "A.S. Pharma Pvt. Ltd. vs M/S Nayati Medical Pvt. Ltd. & Ors." alongwith CC No.5564/2023 pending before the learned Trial Court.

2. As per facts, the petitioners/accused persons and the respondent/ complainant were doing business. In lieu of some pending dues, the petitioners issued cheque no.17632 dated 19.01.2020 and cheque no.17633 dated 09.02.2020 drawn on 'The South Indian Bank Limited, Garhi Chowk, Ghaziabad' for an amount of Rs.3,00,000/- and Rs.3,50,000/- respectively, which returned dishonoured with remarks "Payment stopped by Drawer" vide return memo(s) dated 18.03.2020. Thereafter, the respondent sent a Legal Notice dated 29.04.2022 and upon non-receipt of a satisfactory response from the petitioners, the respondent filed a complaint under Sections 138/139/142 of the Negotiable Instruments Act, 1881 [N.I. Act] before the learned Trial Court on 07.06.2022. Summons thereon were issued vide order dated 06.08.2022. During

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