ZENITH MINING PVT LTD Vs. NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDRATION OF INDIA LTD
HIGH COURT OF DELHI
ZENITH MINING PVT. LTD.
NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDRATIOON OF INDIA LTD.
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V.B.GUPTA, J. -
(1.) Since the common question of law is involved, by this common judgment the above mentioned two petitions are being disposed of.
(2.) These petitions have been filed under Section 482 Cr.P.C. seeking quashing of the proceedings and discharge under Section 138 of the Negotiable Instruments Act in criminal complaint case Nos.948/1/ 06 and 884/1 pending in the court of Magistrate.
(3.) The brief facts of the case are that the respondent/complainant filed complaints under Section 142 read with Section 138 of Negotiable Instruments Act against the present petitioners as well as one Sh.Som Nath Sahu on the allegation that cheques were issued by the accused to the respondent/complainant under covering letter dated 15th October, 2005 towards part payment of the outstanding dues amounting to Rs.67 crores out of total amount of Rs.90 crores taken by the accused persons from the complainant. The above said covering letter was signed by petitioner No.2 and cheque has been signed by Mr.Som Nath Sahu. The cheques issued by the accused were dishonoured and accordingly complaints under Section 138 of Negotiable Instruments Act were filed. - Petitioner No.1 is a private limited company whereas petitioner No.2 is the Chairman- cum-Managing Director of petitioner No.1 and Sh.Som Nath Sahu is the person who has signed the cheques.;
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