ANITA SHARMA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of the summoning order dated 09.06.2009 passed by the Metropolitan Magistrate, Delhi in C.C.No.3102/2009 titled Surender Kumar Sethi Vs. M/s Amabica Research and Development Pvt. and the consequent proceedings.

(2.) I have heard the learned counsel for the petitioner and the respondent No.2 in person. Contention of the learned counsel for the petitioner is that after the issuance of cheque for a sum of Rs. 29,893/- to respondent No.2 as salary for the month of February, 2009, Rs. 10,000/- in cash were paid on account of part payment of salary for the month of February, 2009. Respondent No.2 did not return the cheque in question despite promise. The petitioner was ready and willing to pay the balance amount of Rs. 19893/- to respondent No.2 by way of demand draft, copy of which has been placed on record. The respondent No.2 did not accept the said amount and filed complaint under Section 138 and 141 of Negotiatiale Instruments Act alleging that the amount of Rs. 1,24,406/- was due to him. Learned counsel for the petitioner has relied upon the authorities Alliance Infrastructure Project Pvt.Ltd & Ors. Vs.Vinay Mittal,2010 1 JCC(NI) 98 and Pepsi Foods Ltd. Vs. Special Judicial Magistrate, 1998 5 SCC 749.

(3.) Respondent No.2 contended that Rs. 10,000/- were paid as expenses and were not part salary amount for the month of February, 2009.