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JITENDRA CHAUHAN
Shalini Enterprise – Appellant
Versus
Indiabulls Financial Services Ltd. – Respondent


Advocates Appeared:
For the Appellant : Akashdeep Singh
For the Respondent: Kiran Bala Jain

JUDGMENT :

Jitendra Chauhan, J.

This petition u/s 482 Cr.P.C. has been filed for quashing of complaint No. 5091 dated 11.10.2010/15.12.2010 titled as Indiabulls Financial Services Ltd. v. Shalini Enterprise & Anr. u/s 138 /142 of the Negotiable Instruments Act, (hereinafter referred to as the 'Act') pending in the court of Judicial Magistrate Ist Class, Gurgaon, (Annexure P-4); summoning order dated 11.10.2010 (Annexure P-5) and all the subsequent proceedings arising therefrom. The brief facts of the case, as set out in the complaint are that the petitioners availed loan of Rs. 20 lacs from the respondent-Company, engaged in the business of disbursement of various kinds of loans and promised to make regular EMI for the return of loan. The respondent-company is having its Corporate office at Indiabulls House, 448-451, Udyog Vihar, Phase-V, Gurgaon. In discharge of aforesaid loan liability, the petitioner issued cheque No. 854718 dated 27.7.2010 for a sum of Rs. 20 lacs drawn on Canara Bank, Sealdah, Kolkata in favour of the respondent-company. The petitioner assured that the cheque would be honoured on presentation. The respondent-company presented the cheque with its Banker ING Vysya






















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