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2013 Supreme(Online)(DEL) 6040

HIGH COURT OF DELHI
SHYAM NARAYAN MISHRA & ORS. – Appellant
Versus
STATE & ANR. & ANR. – Respondent


J U D G M E N T

: SUNITA GUPTA, J:

1. Vide this common order, I shall dispose of three petitions, bearing Nos.1791/2013, 1983/2013 and 1986/2013 for quashing of Criminal Complaint No.40686/2011, titled as “Kamal Singh vs. Research India &

Ors.” u/s 138 of N.I Act, P.S. Dwarka Courts, Delhi.

2. A criminal complaint u/s 138 read with Section 142 of the Negotiable Instruments Act read with Section 120 IPC was filed by the respondent complainant against M/s Research India and seven others including the present petitioners, inter alia on the allegations that in the month of October, 2008, Uttam Kumar Tiwari introducing himself as Director of the firm, contacted the complainant for investment/loan of Rs. 8 lakhs for the ongoing projects of the company with assurance to return the same with secured profits/interest and the total amount agreed by the accused persons were Rs.20,00,000. On persistent request from all accused, complainant agreed for the secured investment/loan of Rs. 8 lakhs and gave two cheques of Rs. 4 lakhs each to accused no.4 i.e. Uttam Tiwari and the accused got the amount transferred in his account. On persistent request of the complainant, accused issued a cheque bearing

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