Mehinder Singh Sullar
Construction Engineers – Appellant
Versus
V. K. Sood – Respondent
Mr. Mehinder Singh Sullar, J. (Oral):- Tersely, the facts & material, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, are that, initially, the complainant-respondent M/s V.K.Sood Engineers and Contractors (for brevitsy “the complainant”) has filed the complaint (Annexure P1) against the petitioners-accused under Sections 138 & 142 of the Negotiable Instruments Act, 1881 as amended by the Banking, Public, Financial Institutions and Negotiable Instrument Laws (Amendment) Act, 2002 (55 of 2002), (hereinafter to be referred as “the NI Act”), inter-alia, pleading that the parties have entered into a joint venture agreement dated 20.6.2002 for completion of balance/additional works of 9 Single Line Railways Bridges across river etc. in question. They have also entered into a memorandum of understanding dated 10.7.2005 in this regard. In pursuance of memorandum of understanding, an amount of Rs. 80 lacs was due towards the accused. It was claimed that the petitioners-accused, in order to meet the legal liability in this respect, issued four impugned cheques, mentioned therein
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