B K SHARMA Vs. RAJESH KAPOOR

JUDGEMENT

(1.) B.K. Sharma, the petitioner herein vide this petition under Section 482 Cr.P.C. is seeking quashing of complaint No.27/01 of 2009 titled "Rajesh Kapoor, Director of M/s Multitech Instruments Co. Pvt. Ltd. Vs. B.K. Sharma, Director/authorised signatory of M/s Metito Franchise" under Section 138 N.I. Act pending in the court of Metropolitan Magistrate (East), Karkardooma Courts complex, Delhi.

(2.) Briefly stated, facts relevant for the disposal of this petition are that respondent No.2 Rajesh Kapoor is the Director of M/s Multitech Instruments Co. Pvt. Ltd. Petitioner B.K. Sharma is claimed to be Director/authorised representative of the M/s Metito Franchise.

(3.) Rajesh Kapoor, respondent No.2, in his capacity as Director of M/s Multitech Instruments Co. Pvt. Ltd. filed the impugned complaint under Section 138 N.I. Act claiming that his company had business dealings with M/s Metito Franchise. In furtherance of the order placed by the petitioner, some lab equipment was supplied by M/s Multitech Instruments Co. Pvt. Ltd. at Jain Agro Industries, Plot No.39, DSIDC Manipur, Gujarat, Dahanu Road, District Thane. The representative of the petitioner received the supplies on 07.11.2008 without any complaint about the quality or the quantity of the goods. The petitioner, towards part payment of the bill amount, issued a cheque worth '2,12,000/- in favour of M/s. Multitech Instruments Co. Pvt. Ltd. The cheque, on presentation through the bankers of respondent No.2, was received back unpaid vide memo dated 20.11.2008 with the remarks "insufficient funds". Thus, a demand notice under Section 138 N.I. Act dated 17.12.2008 was sent to the petitioner. Despite of service of demand notice, the petitioner failed to pay the cheque amount. This led to filing of the complaint.