RUSHI INTERNATIONAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Respondent No. 2 had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as "the N.I. Act") against the petitioner (accused No. 2 before the Trial Court) and one Ms. Daya Sharma, which is pending Trial.

(2.) Facts as alleged in the complaint are that the petitioner had been running a pharmaceutical company; whereas Respondent No. 2 was engaged in advertisement business. They had business dealings, inasmuch as certain advertisements were got published by the petitioner through respondent No. 2. A sum of 21,76,432/ - was due and payable by the petitioner to respondent No. 2 towards the advertisement charges. Till 2004, a sum of 3 lakhs had been paid. For remaining amount, nineteen post dated cheques had been issued by Ms. Daya Sharma (accused No. 1) in order to clear the aforesaid liability of petitioner. On presentation, one such cheque bearing No. 905300 dated 30th November, 2005 for Rs. 1 lakh drawn on Indian Bank, New Patliputra Colony Branch, Patna, was returned dishonoured on 27th December, 2005 with the remarks "insufficient funds". Cheque amount was not paid within the statutory period inspite of service of legal demand notice dated 27th January, 2006; hence, the complaint was filed.

(3.) After recording pre-summoning evidence, Metropolitan Magistrate vide order dated 15th April, 2006 has summoned the petitioner under Section 138 of the N.I. Act. Feeling aggrieved by this order petitioner has approached this Court by the present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) for quashing of complaint.