ASHOK KUMAR GUPTA Vs. ANIL GUPTA

JUDGEMENT

(1.) The petitioner has preferred the present petition under Sec. 482 of the Criminal Procedure Code, 1973 ('Cr.P.C.') for setting aside the impugned summoning order dtd. 4/12/2017 passed by the learned Metropolitan Magistrate, Rohini (North) District Courts, Delhi in Criminal Complaint No. 5235/2017 titled as 'Anil Gupta Vs. M/s YMS Mobitech Pvt. Ltd. and Ors' whereby the petitioners had been summoned for the offences punishable under Sec. 138 read with Sec. 141, Negotiable Instruments Act, 1881 ('NI Act').

(2.) The petitioners herein had been arraigned as accused no. 3 and 4 in the complaint under Sec. 138 of NI Act filed by respondent.

(3.) Briefly stated, as disclosed from the complaint, the accused persons had approached the complainant and authorized him to work as their super-distributor for which complainant had invested a substantial amount of Rs.1,04,33,075.00 (Rupees one crore four lakhs thirty thousand and seventy-five only) with accused no. l i.e., M/s YMS Mobitech Pvt. Ltd. Since a substantial amount had accumulated in favour of the complainant, accused had issued a cheque bearing no. 002027 dtd. 17/8/2017 for a sum of Rs.14,33,075.00 (Rupees fourteen lakh thirty-three thousand and seventy-five Only) drawn on HDFC Bank Ltd. Stephen House, 4, BBD Bag, East Kolkata-700001, West Bengal with signature of accused no. 2 to partly discharge the aforesaid liabilities. The complainant had presented the cheque with his bank, i.e., HDFC Bank Ltd., Northex Mall, Sector 9, Rohini, Delhi; however, the same had returned unpaid vide memo dtd. 25/9/2017. Accordingly, the complainant had sent a legal notice of demand dtd. 25/10/2017 to the accused persons upon dishonouring of cheque, calling upon the accused persons to make the payment but no reply or payment was made. Therefore, the present complaint was filed by the complainant before Rohini (North) District Courts, Delhi and the accused was summoned by the learned MM vide summoning order dtd. 4/12/2017.