TOPLINE BUILDTECH PVT LTD Vs. STATE

JUDGEMENT

(1.) The petitioners through this petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India is seeking setting aside of the impugned order dated 30.09.2009 passed by the learned Metropolitan Magistrate whereby he took cognizance of the offence under Section 138 N.I. Act and issued summons for appearance under Section 204 Cr.P.C. to the petitioners.

(2.) Briefly put, facts relevant for the disposal of this petition are that the respondent filed a complaint under Section 138 read with Section 141 of the Negotiable Instruments Act against the petitioners, namely, M/s Topline Buildtech Pvt. Ltd. and its CMD Shri Vikram Bhardwaj alleging that the petitioner company had purchased hardware and mills store material from the respondent company vide invoice No.R 98 dated 12.09.2008 for '5,33,935/-. A part payment against the said consideration amount was made and a sum of '2,30,000/- was due from the petitioner company. In discharge of the part liability, the petitioner company issued a cheque dated 07.07.2009 for '30,000/- drawn on Punjab & Sind Bank, Green Park Extension, New Delhi. The above cheque, when presented for payment, was returned dishonoured with the remark "Payment Stopped" vide a memo dated 14.08.2009. The complainant issued a legal notice of demand dated 19.08.2009 to the petitioners requiring them to pay the amount of dishonoured cheque within 15 days of receipt of the notice along with the remaining dues. Despite of service of notice of demand, the petitioners failed to pay the cheque amount. This resulted in filing of the complaint.

(3.) Learned Metropolitan Magistrate on consideration of the complaint and preliminary evidence produced in support during inquiry took cognizance of the offence and issued summons for appearance to the petitioners vide impugned order dated 30.09.2009. Feeling aggrieved by the summoning order, the petitioners have preferred this petition seeking quashing of the summoning order.