ARUSHI GUPTA Vs. AJAY CHANANA

JUDGEMENT

(1.) The petitioner, vide the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 [CrPC], seeks quashing of Complaint Case No.4061/2020, CC NI ACT 118/2021 dtd. 11/12/2020 titled "Ajay Chanana v. Ayush Gupta & Anr." under Sec. 138 of the Negotiable Instruments Act, 1881 [Act] qua the petitioner, pending before the learned MM (NI Act), Rohini Courts, Delhi [MM].

(2.) A perusal of the complaint reveals that the present Complaint Case emanates from a cheque, allegedly issued by the petitioner and her brother, bearing No.005532 dtd. 25/9/2020 for payment of a sum of Rs.37,50,000.00 drawn on Axis Bank, Civil Lines, New Delhi-110054, in favour of the respondent/ complainant, in discharge of some liability. However, the aforesaid cheque, on presentation with the bank of respondent/ complainant, was dishonored due to 'Payment Stopped by Drawer' and returned vide memo dtd. 9/10/2020.

(3.) Thereafter, the respondent duly served a legal notice dtd. 27/10/2020 upon the petitioner and her brother. However, the petitioner and her brother yet again failed to make the payment within the stipulated period. Hence, the petitioner proceeded with filing of the present complaint.