CRL.M.C.970/2023

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: November 29, 2023

Pronounced on: December 13, 2023

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CRL.M.C.970/2023 & CRL.M.A. 3701/2023

NAYATI MEDICAL PVT. LTD. AND ORS.

..... Petitioners

Through:

Mr. Simarpal Singh Sawhney and

Mr. Siddhant Juyal, Advocates Mr.

Vinit Trehan and Mr. Bhavya Jain,

Advocates

Versus

A.S PHARMA PVT. LTD.

..... Respondent

Through:

Mr. Vinit Trehan and Mr. Bhavya

Jain, Advocates

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

J U D G M E N T

1.

The present petition has been filed by the petitioners under Section

482 of the Code of the Criminal Procedure, 1973 [Cr.P.C.] seeking setting

aside the order dated 06.02.2023 passed by the learned Trial Court in

Complaint Case No.5564/2022 titled “A.S. Pharma Pvt. Ltd. vs M/S

Nayati Medical Pvt. Ltd. & Ors.” alongwith CC No.5564/2023 pending

before the learned Trial Court.

2.

As per facts, the petitioners/accused persons and the respondent/

complainant were doing business. In lieu of some pending dues, the

petitioners issued cheque no.17632 dated 19.01.2020 and cheque

no.17633 dated 09.02.2020 drawn on