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DELHI HIGH COURT
ANU MALHOTRA
Unique Infoways Pvt. Ltd. – Appellant
Versus
MPS Telecom Private Limited – Respondent


JUDGMENT

Anu Malhotra, J. The petitioners of the present petition, namely, (1) Unique Infoways Pvt. Ltd. through its director Vipul Jain, (2) Vipul Jain (Director) and Ms.Usha Jain (Director) arrayed as petitioners No.1, 2 and 3 vide the present petition seek the setting aside of the order dated 1.6.2015 of the learned Trial Court of the MM (N.I.Act)-02 (South-East), Saket in CC No. 1529/2015 vide which the three petitioners herein arrayed as the three accused in CC No. 1529/2015 in a complaint filed by the respondent herein as complainant thereof were summoned for the alleged commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 after pre-summoning evidence had been led.

2. Vide the impugned order it was observed to the effect:

    " 01.06.2015

    Fresh case U/s 138 of NI Act received. It be checked and registered.

    Present: AR of the Complainant alongwith Ld. Counsel.

    Pre-summoning evidence by way of affidavit has been tendered. Arguments have been heard upon the point of summoning of the accused. After going through the complaint, documents attached with it and testimony of the complainant, I am of the view that prima facie offence U/s 138 of Ne

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