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RAHUL v. M/S TEAMGLOBAL LOGISTICS PVT. LTD.

Supreme Court of India | Diary 22207/2022

Status

Order

Decided On

2024-12-16

Bench

HON'BLE MR. JUSTICE UJJAL BHUYAN, HON'BLE MR. JUSTICE SURYA KANT

Petitioner

RAHUL

Respondent

M/S TEAMGLOBAL LOGISTICS PVT. LTD.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.5307 OF 2024 (Arising out of SLP(Criminal) No.6807/2022)

RAHUL & ANR. Appellant(s)

VERSUS

M/S TEAMGLOBAL LOGISTICS PVT. LTD. Respondent(s)

O R D E R

1. Leave granted.

2. The appellants have laid challenge to the order

dated 22.04.2022 passed by the High Court of Delhi,

rejecting their challenge to the complaint filed under

Section 138 of the Negotiable Instruments Act, 1881 (in

short, the “N.I. Act”) and the summoning order passed

therein against them.

3. Briefly noted, the appellants were Directors of

M/s. SVMR Logistics Private Limited. The said company was

in business with the respondent-company. Some credit

facilities were granted by the respondent for a period of

30 days for which security cheques of Rs.50 lakhs were

submitted by the appellants’ Company to cover the

contingency of non-payment of the transaction amount. The

credit period was granted to the appellants’ Company as

it furnished two security deposit cheques of Rs.20 lakhs

and Rs.30 lakhs each. Thereafter, the appellants’ Company

sent four cheques, which amounted to Rs.40 lakhs to

cover-up the over spending dues. These cheques, on being

presented, were dishonoured. The respondent-Company then

tried to encash the security deposit cheques, but those

1

were also dishonoured. This is how th...

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