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2022 Supreme(P&H) 1260

SANT PARKASH
Rajni Dhingra – Appellant
Versus
Sanjeev Chugh – Respondent


Advocates:
Mr. Bipan Ghai, Senior Advocate, with Mr. Paras; Talwar, Advocate, for the Petitioner.; Mr. Aditya Jain, Advocate, for the Respondent.

JUDGMENT

Sant Parkash, J. - Through the present petition, petitioners has prayed for quashing order dated 04.09.2019 (Annexure P-4) passed by the Judicial Magistrate 1st Class, Gurugram, whereby an application filed by him for examining handwriting expert in complaint No.CIS 4735/2017 dated 05.04.2017 under Section 138 of Negotiable Instruments Act, 1881 has been dismissed.

2. The petitioner is accused in aforesaid complaint case pending in the court of Judicial Magistrate 1st Class, Gurugram. Petitioner and one Mrs. Ekta Dhingra lend Rs. 1,50,00,000/- and 2,00,00,000/- for investment purposes, from the respondent - complainant and promised to repay the amount installments alongwith interest @ 24% per annum. Complainant advanced the amount of? 1,50,00,000 to the petitioner in five instalments vide five cheques in the month of February 2014 which werecredited to the bank account of petitioner. Petitioner paid interest @ 24% only till 31.03.2014. The petitioner requested the complainant to receive part payment of Rs. 50 lac and for that purpose, petitioner gave two cheques favouring the complainant, bearing Nos.000049 dated 07.06.2014 and 000007 dated 07.08.2014 for Rs. 25 lac each, dr

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