KARIKALAN Vs. BIRLA YAMAHA LTD
HIGH COURT OF DELHI
BIRLA YAMAHA LTD
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S.Ravindra Bhat, J. -
(1.) In these proceedings the petitioner seeks quashing of a criminal complaint initiated by the respondent for alleged commission of offences under Sections 138/142 of the Negotiable Instruments Act (hereafter ?the Act?).
(2.) The complainant alleged that in the course of commercial transactions a cheque for Rs. 2.5 lakh was issued by the first accused. On 31.3.2002 it was presented and returned on the ground of insufficiency of funds. Subsequently, it was presented to the drawee bank which apparently returned, citing insufficiency of funds on 1.10.2002. On these grounds, the complaint was filed before the court.
(3.) A quashing order under Section 482 has been sought primarily on two grounds, namely, that the cheque lost its character as a negotiable instrument since it was presented to the drawer bank on 1.10.2002 i.e. after the period of its validity. The second contention raised is that the present petitioner has no connection with the instrument as he was not the drawer of the cheque; the same , being his brother, who had transacted with the complainant.;
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