ADITYA PROMOTERS LTD. Vs. S. KARTHIKEYAN

JUDGEMENT

(1.) THE petitioner by filing the present petition under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), has assailed order dated 30.08.2014 passed by learned Metropolitan Magistrate -(NI Act) -Central -01, Tis Hazari Courts, Delhi whereby the complaint has been returned to the petitioner/complainant for filing the same in the Court having territorial jurisdiction.

(2.) IN a nut shell, the facts giving rise to the present petition are that the complainant is a limited company duly incorporated under the Indian Companies Act, 1956 having its registered office at 4428, Ganesh Bazar, Cloth Market, Delhi -110006 and was engaged in manufacturing and trading of crockery and allied items. The accused is the sole proprietor of M/s. Sri Lakshmi Corporation and has been purchasing crockery, glasses and plastic allied items, etc. from the complainant on credit basis from time to time through its sales office at Delhi. There was an outstanding balance of Rs. 51,971/ - as on 01.05.2014, complainant issued debit note interest of Rs. 4,158/ - which was confirmed by the accused firm and a sum of Rs. 56,129/ - (Rupees was due after adjustment of all the payments made by accused. In discharge of liability the accused issued a cheque bearing No. 000037 dated 30.05.2014 for Rs. 56,129/ - (Rupees Fifty six thousand one hundred twenty nine) drawn on The Karur Vysya Bank Ltd., Coimbatore. On presentation, the said cheque was dishonoured with the remarks 'Funds Insufficient' vide returning memo dated 04.06.2014. Despite statutory notice dated 16.06.2014 being served upon the accused, the accused failed to make the payment of the said cheque.

(3.) FEELING aggrieved by the said order, the petitioner has filed the present petition.