SUKHDATA CHITS PVT LTD Vs. RAJENDER PRASAD GUPTA

JUDGEMENT

(1.) Present petitions have been filed under Article 227 of the Constitution of India read with Section 482 Cr. P.C. against impugned order dated 27.07.2011 passed by learned ASJ in Crl. Revision No. 66/2011 and order dated 07.02.2011 of the learned MM in Complaint Case No. 883/A/2010 under section 138 of Negotiable Instrument Act (hereinafter referred to as 'the Act').

(2.) In his complaint filed by the respondent Rajendra Prasad Gupta under section 138 of the Act, it was alleged that the petitioners/accused, who is one of the Directors of M/s. Sukhdata Chits Pvt. Ltd., having its registered office at D-14/140, Sector-8, Rohini, Delhi-110 085, had issued a cheque of Rs. 50,000/- in favour of the respondent towards discharge of its liability, which cheque got dishonoured on presentation with remarks "funds insufficient".

(3.) It is averred by the respondent/complainant that petitioners were informed about the fate of the cheque and requested to honour it, but they refused to do so. Consequently, legal notice dated 28.01.2010 was sent to the petitioners through registered AD post which was duly served on them. However, inspite of the service of the legal notice upon the petitioners, they did not make any payment to the respondent/complainant. Thereupon, a complaint was filed by the respondent in the Court of learned MM and summons were served upon the petitioners. Complainant adduced his evidence by way of affidavit.