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2002 Supreme(P&H) 1323

KATHURIA
G. L. Aggarwal – Appellant
Versus
Navneet International – Respondent


Judgment

Kathuria, J.

1. Petitioner seeks quashing of the complaint, Annexure P-1 and the summoning order dated 25.2.2000, Annexure P-2 passed by the Judicial Magistrate, 1st Class, Rewari, whereby the petitioner-accused was directed to face trial under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, `the Act).

2. The facts as founded in the complaint lodged by the complainant, M/s Navneet International, Chhopatwara, Rewari, through Vivek Kumar, Proprietor against M/s Aggarwal Polytex, Partapur, Industrial Area, Meerut through G.L. Aggarwal, Proprietor and G.L. Aggarwal, accused Nos. 1 and 2 respectively in the complaint have to be focused in brief. Accused No. 2 on behalf of accused No. 1 had purchased sole `Yarn from the complainant on credit to the tune of Rs. 79,701/-. In order to discharge the liability towards the said amount, a cheque bearing No. 135349 dated 18.9.1999 was issued by the petitioner-accused which was to be drawn at Corporation Bank, S.S.I., Branch 328/29, Sector 18 Noida as accused had Account No. SB-390 with the said bank. The complainant handed over the said cheque to his banker, Canara Bank, Kaisons House, Chandni Chowk, Delh















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