KONEGA INTERNATIONAL PVT LTD Vs. SHYAM GOYAL

JUDGEMENT

(1.) PRESENT petition has been filed under Section 482 Cr. P.C. for quashing of complaint being CC No. 2299/10/06 (old CC No. 1370/1/06) pending before Mr. Sanjay Jindal, JSCC/ASCJ (NW), Rohini, Delhi on the ground that the respondent-complainant having received the settled amount under the Memorandum of Understanding (for short 'MOU') executed between the parties is now dishonestly refusing to withdraw his complaint.

(2.) THE relevant facts of the present case are that respondent- complainant had filed the present complaint under Section 138 read with Section 142 of Negotiable Instruments Act, 1881 on the ground that the petitioner's cheque bearing No. 334362 dated 15 th July, 2005 for Rs. 5,00,000/- drawn upon Oriental Bank of Commerce in favour of M/s. Bhoruka Enterprises, a proprietorship firm of respondent- complainant, had been dishonoured.

(3.) IN fact, the respondent-complainant wrote a letter dated 5th November, 2011 to the petitioner which clearly stated that respondent- complainant would withdraw all six complaint cases filed by him including the present complaint. The aforesaid letter is reproduced hereinbelow:-