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HIGH COURT OF DELHI
HON'BLE MR. JUSTICE JASMEET SINGH, J
M/S VIJAY POWER GENERATORS LTD – Appellant
Versus
M/S TARUN ENGINEERING SYNDICATE – Respondent
| Table of Content |
|---|
| 1. petitioner claims cheques issued (Para 1 , 2) |
| 2. cheques returned dishonored (Para 3) |
| 3. witnesses examined by petitioner (Para 4 , 5 , 7) |
| 4. trial court's view on evidence (Para 6) |
| 5. absence of proof regarding delivery (Para 8 , 9 , 10) |
| 6. burden of proof on complainant (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 7. leave to appeals dismissed (Para 30 , 31 , 32 , 33) |
JUDGMENT :
1. These four petitions are filed under section 378(4) of the Code of Criminal Procedure, 1973 (“CrPC”) seeking grant of leave to appeal against the judgment dated 30.10.2017 passed in C.C. No. 2895/2017, C.C. No. 2894/2017, C.C. 2900/2017 and C.C. 2896/2017 by the learned Metropolitan Magistrate, Karkardooma Courts, Delhi wherein the learned Trial Court acquitted the respondent for the offence under section 138 of the Negotiable Instruments Act, 1881 (“NI Act”) and also seeks setting aside of the order dated 14.10.2017 wherein the learned Trial Court dismissed the application filed by the petitioner under section 311 of CrPC seeking examination of Sales Tax Officer.
2. The brief facts of the case are that the petitioner is a company engaged
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