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2023 Supreme(Del) 5791

SUDHIR KUMAR JAIN
K. S. Mehta – Appellant
Versus
Morgan Securities & Credits Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Darpan Wadhva, Senior Advocate with Mr. Vikas Kumar, Mr. Ayush Kapur, Ms. Palak Tyagi, Mr. Jalaj Govil, Advocates, for the Appellant; Mr. Rohit Priya Ranjan, Mr. Sanket Mishra, Ms. Srishti Sonkar, Advocates, for the Respondent.

JUDGMENT

1. The present petition is filed under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') to set aside the order dated 29.01.2019 (hereinafter referred to as the 'impugned order') passed by the Court of Sh. N.K Malhotra Additional Sessions Judge / Special Judge,CBI-02, Patiala House Courts, New Delhi in Criminal Revision bearing no.539/2018 titled as K. S. Mehta VM/S Morgan Securities& Credits Pvt. Ltd and order dated 11.10.2018 passed by the court of Sh. Dharmender Singh, Metropolitan Magistrate - 05, Patiala House Courts, New Delhi in Complaint Case bearing no.15858/2017 titled as M/S Morgan Securities& Credits Pvt. Ltd. V Blue Coast Hotels & Resorts Ltd.& others.

2. M/S Morgan Securities and Credits Pvt. Ltd. (herein referred to as 'the respondent/the complainant') through its Authorized Representative Mahender Gautam filed a complaint under sections 138/141/142 of Negotiable Instruments Act, 1881 (hereinafter referred as 'NI Act') and 420 IPC titled as M/S Morgan Securities & Credits Pvt. Ltd. V Blue Coast Hotels & Resorts Ltd.& others bearing no15858/2017 on the allegations that the accused no. 2 namely Arun Suri with the consent

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