DEC INFOSYSTEMS PVT LTD Vs. HCL INFOSYSTEMS LTD

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for quashing the summoning order dated 05.06.2009 passed by ld. M.M. and the consequential proceedings arising thereof in the Complaint Case no. 1478/3/09 under Section 138 read with Section 142 of the Negotiable Instruments Act (herein after referred to as "Act").

(2.) THE facts of the case in brief are that an institute named Vidya Bikash Educational Trust placed an order of 66 HCL Desktop Computers with the respondent company having its registered office at Nehru Place, New Delhi through the petitioner company situated at Orissa. In pursuance of the said order, the petitioners issued two cheques bearing no. 235609 and 235610 for Rs. 4,00,000/-as security against the supply of the abovementioned desktops. On presentation of the said cheques by the respondent to its banker, they were returned unpaid with the remarks "funds insufficient" which led to the filing of the complaint case by the respondents, wherein the petitioners were summoned. Hence, the present petition.

(3.) FIRSTLY, it must be noted that though the petitioner had taken up the issue of jurisdiction as a ground for quashing the summoning order, but in terms of order dated 17th October, 2011 of this Court, the learned counsel stated on 6th March, 2012 not to press this ground.