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2012 Supreme(P&H) 94

MEHINDER SINGH SULLAR
Auto Pins (India) – Appellant
Versus
Union Territory, Chandigarh – Respondent


Advocates appeared:
For the Petitioners:Mr.Vikas Bahl, Advocate.
For Respondent No.1:Mr.Gautam Kaila, Advocate,
For Respondent No.2:Mr.Sandeep Suri, Advocate.

JUDGMENT

Mehinder Singh Sullar, J

1. The crux of the facts, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that the complainant M/s Modern Steels Limited-respondent No.2 (for brevity “the complainant”) filed a criminal complaint (Annexure P10) against the petitioners M/s Auto Pins (India) Limited and others, for the commission of offences punishable under Section 138 read with Section 142 of the Negotiable Instruments Act (hereinafter to be referred as “the Act”) and Sections 406 & 420 IPC, inter-alia pleading that a sum of ` 2 crores is payable and due from the accused to the complainant. The accused, after checking the account and to clear a part of balance of existing liability of the amount payable by them to the complainant, issued a cheque, bearing No.195374 110015108 dated 7.8.2002 drawn on Canara Bank, Faridabad for an amount of ` 3 lacs only. The cheque deposited by the complainant in the bank, was dishonoured and received back with the endorsement of the Bank alongwith its Memorandum dated 21.12.2002 with the remarks “Payment Stopped by Drawer” of the cheque. The
































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