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2024 Supreme(Del) 136

MANOJ KUMAR OHRI
Santosh Devi – Appellant
Versus
State (NCT) of Delhi) – Respondent


Advocates appeared:
Mr. Avinash Kumar, Mr. Amarjeet, Mr. Nitish Kumar & Mr. Tarun Bhati, Advocates, for the Petitioner.
Mr. Nilesh Kumar, Mr. Nimesh Kumar & Mr. Sunil Kumar, Advocates, for the Respondent Nos. 2 and 3.

JUDGMENT (Oral)

1. By way of present petition filed under Section 482, Cr.P.C., the petitioner seeks clubbing of Complaint Case Nos. 9213/2019 and 9214/2019 both titled as `Smt. Santosh Devi vs M/s Synergy Earth Movers' pending before the Court of learned MM, North West, Delhi.

2. Briefly, the facts as available from the complaint/material placed on record are that the petitioner has alleged that respondent No.2 is a proprietorship firm and that respondent No.3 is the director/proprietor of the said firm, looking after its day-to-day affairs. It is further alleged that respondent No.3 had approached the petitioner through an offer letter for providing machinery for a project on Yamuna Expressway, and the same came to be accepted by the petitioner. As per the offer letter, payment would be made by respondent Nos.2 and 3, on the basis of the bills raised by the petitioner. In response to the bills raised by the petitioner, following 3 cheques were issued:

    a. Cheque No.365721 dated 20.08.2009 amounting to Rs.1,40,000/-. SBI Bank, Branch-Dankaur;

    b. Cheque No.365727 dated 13.10.2009 amounting to Rs.1,00,000/-, SBI Bank, Branch-Dankaur; and

    c. Cheque No.365728 dated 20.09.2009 amounting to R

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