BHARAT BANKA Vs. STATE

JUDGEMENT

(1.) These are four petitions under Section 482 Cr.P.C. seeking quashing of order dated 29.09.2012 passed by learned Metropolitan Magistrate, NI Act, New Delhi whereby the petitioners have been summoned for the offence punishable under Sections 138/141 of the Negotiable Instruments Act (hereinafter referred to as "NI Act") in CC No.423/1/12 titled as "M/s. ECE Industries Ltd. vs. M/s. GEI Industrial Systems Ltd. & Ors.".

(2.) Shorn off unnecessary details, the facts of the case are that the respondent filed a complaint under Sections 138/141 of the NI Act regarding dishonour of cheque bearing No. 001536 dated 22.07.2012 for a sum of Rs.50,00,000/-, and No.001538 dated 22.07.2012 for a sum of Rs.43,397/- drawn on Kotak Mahindra Bank Ltd. On presentation, cheque Nos.001536 and 001538 were dishonoured with the remarks "funds insufficient". Despite service of statutory notice dated 13.08.2012, the accused persons failed to make payment of the amount of cheques.

(3.) Vide order dated 29.09.2012, learned trial Court took cognizance and summoned the accused persons including the petitioners who are accused Nos.13, 11, 9 and 6 in complaint case bearing No.423/1/12.