TaxTMI 
TaxTMI 
2017 (3) TMI 749
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....ner arrayed as accused No. 3. 2. The brief facts stated are that a complaint under Section 138 of the Negotiable Instruments Act, 1881 was filed by the respondent/complainant on 05.10.2011 before the Court of learned Additional Chief Metropolitan Magistrate, (West) Delhi, against the Company M/s Sabreen & Co., the present petitioner/Shane Alam and one Ishtiaq Ahmed as partners of the said Company respectively. 3. The basis of the complaint under Section 138 NI Act as alleged is that the petitioner had issued two post dated cheques, i.e. Cheque No. 056187 of Rs. 6,42,600/- and Cheque No. 056167 of Rs. 12,80,100/-, drawn on Oriental Bank of Commerce, Gejha Bhangel, Noida-201304 on behalf of the Company- M/s Sabreen & Co. in favour of the re....
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....against the petitioner are false and relied upon following judgment: i. Monaben Ketanbhai Shah & Anr. vs. State of Gujarat & Ors; MANU/SC/0596/2004. ii. Vinod Zaveri & Ors. vs. M/s Metallica Industries Ltd.; MANU/DE/2255/2009. 7. The learned counsel for the petitioner has submitted that the petitioner's name is also deleted which is between the same parties in the civil case dated 12.03.2016. 8. The learned counsel for the petitioner further submits that the Company- M/s Sabreen & Co. belongs to the father and the brother of the petitioner, i.e. namely Istiyar Ahmad & Anjum Pravez, respectively and they are the partners of the Company- M/s Sabreen & Co. and the petitioner is not connected anywhere with the Company. 9. The learned couns....
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....led annexure P-2 which is the partnership document. 13. The learned counsel for the respondent has submitted that Form C dated 18.01.2013 is filed by the present petitioner to the sales tax department as in the name of Shanu Malik and the goods supplied are 1-7 which is claimed to be defective by the petitioner. It is further submitted that the goods supplied to the petitioner is qua against Shanu Malik. 14. The learned counsel for the respondent has further submitted that the Court below has rightly appreciated the facts on record and the impugned summoning order dated 29.08.2012 and the subsequent order of notice under Section 251 Cr.P.C. dated 27.11.2013 are just and proper, and that the same requires no interference by this Cou....
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.... Date. 9.06.2011 It was made a final discussion with Sabreen and Co. and I.K. polymers (North) Pvt. Ltd. that the payment (Rs. 25,04600) againest the plastic raw material supply was not clear on its due date due to some funding issue of Sabreen & Co. They confirm the payment was block in market due to material supply is not regular. Now it was finally discuss that Sabreen & Co. will made the payment in 5 segment. Each segment will be 15 days. He will made payment 5 lacs in each segment. Total outstanding balance Rs. 25,04600 will be clear with in the period of 75 days. After one payment clear will start to supply material as per our payment term and condition (40 days to 50 days PDC currently) Sabreen & Co. will pay 1% interest ....