ARN INFRASTRUCTURE INDIA LTD. Vs. STATE

JUDGEMENT

(1.) By this petition filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), the petitioner assails order dated 30.01.2013 passed by learned Metropolitan Magistrate, Dwarka District Court, Delhi whereby the petitioner has been summoned for the offence under Section 138 of Negotiable Instruments Act, 1881 ("NI Act", for short).

(2.) Shorn off unnecessary details, the facts of the case are that respondent No.2 herein filed a complaint under Section 138 of NI Act against the petitioner on the allegations, inter alia, that the complainant had booked unit/ shop of 410 sq. ft. in the project "Globus Residency" launched by the petitioner and paid a sum of Rs.3,20,000/- (Rupees Three lakhs twenty thousand) towards booking amount of the above said unit/shop in the month of January 2010. However, the petitioner did not start the work on the said project despite persisting demand of the complainant and diverted the land of his project to some other project which was more profitable to him. When the complainant came to know about this diversion, she asked the accused to refund her money with penalty and interest. In discharge of liability, petitioner issued a cheque No.227558 dated 15.09.2012 drawn on Punjab National Bank, Karol Bagh, New Delhi for Rs.3,20,000/- (Rupees Three lakhs twenty thousand) for return of the booking amount. On presentation, the said cheque was dishonoured with the remarks "Insufficient Funds" vide return memo dated 17.09.2012. Despite service of statutory notice dated 14.11.2012 which was sent on 15.11.2012, the petitioner failed to make payment of amount of the said cheque.

(3.) Vide impugned order dated 30.01.2013 learned trial court summoned the petitioner for the offence under Section 138 of NI Act.