FRONTLINE NCR BUSINESS SOLUTIONS PVT. LTD. Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') against order dated 18.12.2012 passed by learned Metropolitan Magistrate, Dwarka Courts, New Delhi whereby application under Sections 311 and 340 of Cr.P.C. filed by the petitioner was dismissed.

(2.) BRIEFLY stated the facts giving rise to the present petition are that the respondent No. 2 herein filed a complaint under Sections 138/141/142 of Negotiable Instruments Act, 1881 (for short, 'NI Act') in respect of cheque bearing No. 317532 dated 29.12.2009 for Rs.10,00,000/ - (Rupees Ten lakhs) drawn on Axis Bank, Rajinder Nagar Branch, New Delhi. On presentation, the said cheque was dishonoured with the remarks 'insufficient funds' vide return memo dated 11.01.2010. Despite statutory notice dated 08.02.2010, the accused persons failed to make the payment of the amount of cheque.

(3.) AGAINST the order dated 18.12.2012 passed by learned Metropolitan Magistrate, the petitioner has filed the present petition.