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DELHI HIGH COURT
SWARANA KANTA SHARMA
Prakash Chand – Appellant
Versus
State – Respondent


JUDGMENT

Swarana Kanta Sharma, J.

1. By way of the present petition filed under Section 482 of the Criminal Procedure Code, 1973, the petitioner seeks quashing of the summoning order dated 28.11.2018 passed by then Metropolitan Magistrate-04, Patiala House Courts, Delhi and the Criminal Complaint no. 16201/2017 titled as "PEC Ltd. v. M/s KS Oil Ltd. & Ors." and all its consequent proceeding pending in the court of MM-04 (NI Act), or any successor court at Patiala House Courts, New Delhi.

2. Briefly stated, facts of the case, leading to the fling of present petition, are as under:

a. That seven agreements (High Seas Sales contracts) were executed between the complainant and the accused no.1 company i.e., K.S. Oils Ltd. for importing crude oil through complainant company, on the respective dates: (i) Two agreements on 24.08.2012, (ii) Two agreements on 28.08.2012, (iii) One agreement on 03.09.2012, (iv) One agreement on 04.12.2012, and (v) One agreement on 08.01.2013.

b. The total amount of all the consignments arising from the contracts was a sum of Rs.1,06,77,37,316.50/- (Rupees One hundred and Six Crore, Seventy Seven Lacs, Thirty Seven Thousand, Three hundred sixteen and Fif

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