AWADH CONSTRUCTIONS Vs. AMARPREET SHUTTERING

JUDGEMENT

(1.) The present petition U/s 482 Cr.P.C. has been filed by the petitioner with the following prayers:-

(2.) The brief facts of the case are that petitioner hererin is a proprietorship and is a civil and structural contractor carrying on its business in various states of the country. The petitioner and the respondent entered into an agreement dtd. 17/1/2019 whereby petitioner agreed to hire shuttering and scaffolding material from the respondent initially for a period of six months. As per the Clause 5 of this Agreement, the petitioner was required to provide undated security cheque to the respondent to cover full value of the material supply. On the same day, i.e., 17/1/2019, petitioner sent an email to the respondent conveying the material required. In response, respondent reverted back an email to the petitioner conveying the calculation of advanced amount payable by the petitioner and also the amount to be paid through security cheques. The email further reveals that the amount that was to be paid to the respondent is Rs.2,63,700.00 as an advance payment and further security cheques of Rs.77,41,000.00 as security. After some negotiations, respondent agreed to accept Rs.63,00,000.00 as security cheques instead of Rs.77,41,000.00. Accordingly, the petitioner prepared 5 undated cheques totaling to amount of Rs.63,00,000.00 and one current dated cheque amounting to Rs.2,63,700.00. Petitioner also sent an email to the respondent dtd. 24/1/2019 attaching the scanned copies of these six (6) cheques. Pursuant thereto the work started at the Raipur Project. During the course of work, respondent asked for monies and on that basis petitioner issued a cheque of Rs.7,81,122.00 in favour of respondent dtd. 28/8/2019 which was returned by Bank on 27/11/2019. Respondent sent a legal notice dtd. 11/12/2019 demanding the said amount then the petitioner sent a reply on 18/12/2019 stating that it would make necessary payment. Failing to which, respondent filed a complaint under Sec. 138 NI Act before the Court of learned Additional Chief Metropolitan Magistrate, Saket and the petitioner was summoned for the offences under Sec. 138 NI Act vide order dtd. 31/8/2021.

(3.) The petitioner, feeling aggrieved, filed the present petition invoking jurisdiction of this Court under Sec. 482 Cr.P.C.