2025 (7) TMI 1894

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....aitanya Rohilla, Advocate (through VC). For the Respondent: None.   MANJARI NEHRU KAUL, J . 1. The present petition has been filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS'), seeking quashing of Complaint bearing No. COMA/11704/2021 titled as 'M/s Cotton and Blends Inc. Vs. M/s A.H. Fashion Karma Pvt. Ltd. and a....

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....d in fact, has been specifically acknowledged by respondent No.3 in the complaint filed before the Trial Court. 3. Learned counsel for the petitioners submits that the failure to mention or give credit to such part payment in the legal notice renders the statutory demand non-est in the eyes of law. It has been asserted by the learned counsel that such a notice, being misleading and incomplete i....

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....528 of the BNSS is meant to be exercised sparingly, with circumspection, and in cases where there is a clear abuse of the process of law or where the complaint is wholly vexatious or lacks the basic ingredients of the offence alleged. 7. In the present case, the core issue raised by the learned counsel for the petitioner, namely, whether the omission of reference to an alleged part payment in t....