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2001 Supreme(P&H) 1037

K.C.GUPTA
Sandeep Kumar – Appellant
Versus
Rajiv Kumar – Respondent


Judgment

K.C.Gupta, J.

1. This is a petition under Section 482 of the Code of Criminal Procedure, 1973, inter alia, seeking quashing of the complaint dated August 17, 1998 (Annexure P1) under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) and the summoning order dated November 6, 1998 (Annexure P2).

2. The brief facts of the case are that the respondent No. 1 (complainant) filed a complaint under Section 138 of the Act against respondents Nos. 2 and 3 and the petitioner on the allegations that respondent No. 1 had supplied iron material to respondent No. 2 vide Bill No. 166/67 dated October 8, 1995, for Rs. 4,81,032 and respondent No. 2 with a view to discharge the said financial liability through its director, respondent No. 3 Tarsem Kansal, under his signature had issued cheque No. 729707 dated July 1, 1998, of Rs. 2,21,126 equal to the amount of Bill No. 166 dated October 8, 1995, in favour of the complainant drawn on Oriental Bank of Commerce, Mandi Gobindgarh, assuring that the same would be honoured when it would be presented for encashment to the concerned bank.

3. Respondent No. 1 sent the said cheque for collection through his banke












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