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2024 Supreme(Del) 454

NAVIN CHAWLA
Mahdoom Bawa Bahrudeen Noorul – Appellant
Versus
Kaveri Plastics – Respondent


Advocates appeared:
Mr.Siddharth Khattar, Mr.Akash Jain & Mr.Divij Andley, Advocates, for the Petitioner.
Ms.Aditi Pancharia, Advocate, for the Respondent.

JUDGMENT

1. This petition has been filed under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, `Cr.P.C.') seeking quashing of Criminal Complaint bearing No. 523804/2016, titled as Kaveri Plastics v. Nafto Gaz India Private Limited & Ors., registered under Sections 138/141/142 of the Negotiable Instruments Act, 1881 (in short, `NI Act'), pending before the Court of the learned Metropolitan Magistrate, NI Act-04, Central District, Tis Hazari Courts, Delhi (hereinafter referred to as `Metropolitan Magistrate').

Factual Matrix

2. The above complaint case has been filed by the respondent against the petitioner, arraying the petitioner herein as the accused no.3. In the said complaint, it has been alleged that the accused no.1, that is, Nafto Gaz India Pvt. Ltd., entered into a Memorandum of Understanding with the respondent herein, that is the complainant, on 30.04.2012, pertaining to the sale of land bearing Khasra No.75, Khewat No.61, Khata no.112 and Khatoni No.61/14, Village-Humayun Pur situated at Abadi of Arjun Nagar, New Delhi, and also agreed to take on lease the said property till the final sale deed is executed. It

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