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2010 Supreme(P&H) 2366

GURDEV SINGH
Vinod Kumar Arya – Appellant
Versus
Dalel Singh Ahlawat – Respondent


Advocates:
For the Petitioners:Mr. RS Rai, Senior Advocate with Ms. Meenakshi Dogra, Advocate.
For the Respondents:Mr. Mukesh Yadav, Advocate.

JUDGMENT

Gurdev Singh, J.:- Petitioners-Vinod Kumar Arya and Varun Arya have filed this petition under Section 482 of the Criminal Procedure Code for quashing complaint No. 51 dated 20.1.2006 filed against them by Dalel Singh Ahlawat-respondent/complainant for the offences under Sections 420 and 120-B IPC and Sections 138 and 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’) and the summoning order dated 28.1.2006.

2. The above referred complaint has been filed on the ground that the petitioners/accused were aware of the fact that the complainant had received Rs. 20 lakhs as retiral benefits and they requested him to lend that amount to them. Accordingly, the complainant gave two cheques both dated 17.7.2005 of Rs. 19,40,000/- and Rs. 60,000/- to them. Petitioner/accused No.1 executed the receipt and issued Cheque No. 490624 dated 19.7.2005 for the sum of Rs. 20 lakhs, drawn on State Bank of India in discharge of said liability. The accused had been persuading him not to present the cheque in the bank and that they would re-pay the loan amount in cash. When the date of the cheque was going to expire, he presented the same for payment but was dishonou

















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