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Delhi District Court

M/S. Advance Marketing vs M/S. Vijay Kumar And Company on 3 July, 2007

IN THE COURT OF SHRI S. N. GUPTA: ADDL. SESSIONS JUDGE
         PATIALA HOUSE COURTS : NEW DELHI.


CR. No    :          108/07

M/s. Advance Marketing
( A Division of Manindru Chemicals Pvt. Ltd.)
E-27, Naraina Vihar,
New Delhi-110028.                         ..... Revisionist/Complainant

                     Versus

M/s. Vijay Kumar and Company
Galla Mandi, Gopi Ganj
District-Varanahi( UP).                     .... Respondent/Accused


JUDGMENT

This revision has been filed by the petitioner against the order of Trial Court dated 22.02.2007. Vide that order the complaint filed by the complainant was dismissed and summoning was refused.

2. Ld. MM has given reasons for dismissing the complaint that despite giving the opportunities the complainant has not filed the original documents though the complaint is pending since 1998. The petitioner has mentioned that the original documents could not be traced out by the complainant. Even otherwise a promise to make payment by giving cheque does not amount to a criminal offence. The petitioner either would have filed a civil suit or should have filed a complaint U/s. 138 of N.I. Act which was not done by him.

3. In these facts and circumstance of the matter, I do not find any illegality or infirmity in the order of trial court. Hence the revision petition is dismissed. The revision file be consigned to record room. Trial court record be sent back with the copy of this order.

ANNOUNCED IN THE                                ( S.N. Gupta )
OPEN COURT ON 3rd                               Addl. Sessions Judge
DAY OF JULY'2007                                New Delhi
 CR. No        :          113/07

Manohar Lal              Versus     State

5.6.2007
Present: Ld. APP for State.
              Ld. Counsel for the petitioner.

IO has placed on record the verification report regarding the Pan card and export/import code.

Arguments heard.

Vide separate order the revision is allowed. The revision file be consigned to record room. Trial court papers be sent back with the copy of this order.

ASJ/5.6.2007