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PS Rajouri Garden Page No. 13 of 33

U/s. 138 Negotiable Instrument Act could not complete the 3 years of lease period due to the reasons that the MCD has started creating problems due to non-compliance of statutory regulations. It is further stated by Ld Counsel for the accused persons that DW2 also deposed that the MCD issued the requisite license to work in the lease property only on 27.01.2014. It is further stated by Ld Counsel for the accused persons that DW3 deposed that during June-July, 2011 which was the fit-out period, he had visited the property to do the interiors of the property and he made observations regarding the water seepages in the structure that whatever interior finishing being executed at the lease premises will get spoiled. It is further stated by Ld Counsel for the accused persons that DW3 further deposed that he was again called by the accused company in the year 2012 and after survey/examining the site, he gave written report on 26.10.2012 which is Ex. DW3/1. It is further stated by Ld Counsel for the accused persons that DW3 specifically deposed during his cross-examination that the seepages in the lease property cannot happen because of poor maintenance and seepage happened because of poor construction quality or execution where proper attention is not paid for water proofing during construction.