SAMKIA ENTERPRISES Vs. RANJEET BEGWANI

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 [CrPC] seeking quashing of the Complaint Case being CT Case No.3301/2017 titled as Ranjeet Begwani v. M/s Samkia Enterprises and Ors., filed by the respondent/ complainant against the petitioners/ accused under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act, 1881 [NI Act], pending before the learned Metropolitan Magistrate (NI Act) West-04, Tis Hazari Courts, Delhi [learned MM].

(2.) As per the facts, on 14/12/2016, the petitioner nos.2 and 3, on behalf of all the petitioners, had handed over to the respondent four post dated cheques being cheque no.069291 dtd. 15/12/2016 for Rs.4,00,000.00, cheque no.069292 dtd. 15/1/2017 for Rs.4,00,000.00, cheque no.069293 dtd. 15/2/2017 for Rs.4,00,000.00 and cheque no.069294 dtd. 15/3/2017 for Rs.4,50,000.00, collectively for an amount of Rs.16,50,000.00, all drawn on Oriental Bank of Commerce, Old Rajinder Nagar Branch, Delhi. Upon immediate presentation of the first cheque, bearing no.069291 dtd. 15/12/2016 for Rs.4,00,000.00 by the respondent, it was returned dishonoured for the reason "Payment Stopped". Thereafter, on the assurance of the petitioners, all the three remaining cheques were also presented by the respondent, but they too were returned dishonoured vide return memo dtd. 24/3/2017 with the same reason i.e., "Payment Stopped". In consequence thereof, a Legal Notice dtd. 17/4/2017 was issued by the respondent, however, since it was returned undelivered, the respondent proceeded to file a complaint against the petitioners for not honouring the instruments valued at Rs.16,50,000.00- before the learned MM.

(3.) After issuing summons to the petitioners on 30/5/2017, notice under Sec. 251 Cr.P.C. was framed qua petitioner no.2 on 25/3/2019 by the learned MM. Thereafter, though the petitioners filed an application on 2/19/2019 seeking quashing of the said complaint on the ground that the Legal Notice did not represent the correct amount, however, the same was withdrawn by them on 5/1/2023. This resulted in filing of the present petition for quashing of the subject complaint by the petitioners on 9/2/2023.