REGENT COMPUTRONICS PVT. LTD.

Yashovardhan Birla Appellant

V/S

KAMDHENU ENTERPRISES LIMITED Respondents

Referred Judgements :-

CHANDRA BHAN GOSAIN V. STATE OF ORISSA [REFERRED TO]
AK DIXIT V. MANOJ KUMAR AND ORS [REFERRED TO]
ARUNIMA BARUAH V. UNION OF INDIA AND ORS. [REFERRED TO]
K S RASHID AND SON VS. INCOME TAX INVESTIGATION COMMISSION [REFERRED TO]
A V VENKATESWARAN COLLECTOR OF CUSTOMS BOMBAY VS. RAMCHAND SOBHRAJ WADHWANI [REFERRED TO]
TILOKCHAND AND MOTICHAND VS. H B MUNSHI [REFERRED TO]
CHAJU RAM VS. RADHEY SHYAM [REFERRED TO]
STATE OF HARYANA VS. KARNAL DISTILLERY COMPANY LIMITED [REFERRED TO]
WELCOM HOTEL VS. STATE OF ANDHRA PRADESH [REFERRED TO]
S P CHENGALVARAYA NAIDU VS. JAGANNATH [REFERRED TO]
INDIAN BANK VS. SATYAM FIBRES INDIA PRIVATE LIMITED [REFERRED TO]
MANOHAR LAL VS. VINESH ANAND [REFERRED TO]
N NATARAJAN VS. B K SUBBA RAO [REFERRED TO]
S J S BUSINESS ENTERPRISES P LTD VS. STATE OF BIHAR [REFERRED TO]
ADALAT PRASAD VS. ROOPLAL JINDAL [REFERRED TO]
ARUNIMA BARUAH VS. UNION OF INDIA [REFERRED TO]
DHARIWAL TOBACO PRODUCTS LTD VS. SATE OF MAHARASHTRA [REFERRED TO]
R S SUJATHA VS. STATE OF KARNATAKA [REFERRED TO]
SATISH KHOSLA VS. ELI LILLY RANBAXY LIMITED [REFERRED TO]
P SATYANARAYANA VS. LAND REFORMS TRIBUNAL [REFERRED TO]
BATA ALIAS BATAKRUSHNA BEHERA VS. ANAMA BEHERA [REFERRED TO]
AMBICA PLASTOPACK P. LTD VS. STATE [REFERRED TO]
PRABHU CHAWLA VS. STATE OF RAJASTHAN & ANR. [REFERRED TO]
AARISH ASGAR QURESHI VS. FAREED AHMED QURESHI & ANR [REFERRED TO]

JUDGEMENT

(1.) The present applications filed on behalf of the applicant/respondent no. 1, i.e., Kamdhenu Enterprises Ltd. in CRL.MA 17894/2023 and CRL.MA 17817/2023 and M/s Jads Services Pvt. Ltd. in CRL.MA 17815/2023 (collectively referred to as 'the applicant') seek a common relief, i.e., dismissal of the captioned petitions filed by the non-applicant/petitioner, i.e., Yashovardhan Birla ('the non-applicant') on the ground of fraud and initiation of proceedings under Sec. 340 read with Sec. 195(1)(b) of the Code of Criminal Procedure, 1973 ('CrPC') against him. Vide order dtd. 4/11/2023, this Court had reserved orders in the interim applications, recording as under:

(2.) The captioned petitions, i.e., CRL.MC 3778/2023, CRL.MC 3779/2023 and CRL.MC 3780/2023 seek quashing of CC No. 31528/2016, CC No. 31517/2016 and CC No. 31829/2016, respectively, instituted by the applicant under Sec. 138 of the Negotiable Instruments Act, 1881 ('NI Act'), pending in the Court of the learned Metropolitan Magistrate, Patiala House, Delhi and setting aside of summoning orders 9/11/2012 and orders dtd. 31/10/2021 whereby notice under Sec. 251 of the CrPC has been framed against the non-applicant.

(3.) A brief background of the lis between the parties is that the complaint cases which are the subject matter of the captioned petitions were instituted by the applicant against the non-applicant and other accused persons subsequent to dishonor of three separate cheques in the sum of Rs.3,00,00,000.00. Rs.2,00,00,000.00 and Rs.3,00,00,000.00 issued in discharge of an alleged liability of respondent no.2/company towards the applicant.

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YASHOVARDHAN BIRLA Vs. KAMDHENU ENTERPRISES LIMITED

Referred Judgements :-

JUDGEMENT

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