CCS INFOTECH LTD. Vs. STATE

JUDGEMENT

(1.) By way of this petition, the petitioners seeks quashing of order dated 14.08.2012 passed by learned Metropolitan Magistrate, Dwarka Courts, New Delhi in complaint case No.225/1/12 titled as "M/s IRIS Computers Ltd. vs. M/s. CCS Infotech Ltd. & Ors." whereby the petitioners were summoned for the offence under Section 138 of the Negotiable Instruments Act.

(2.) In short, the case of the petitioners is that respondent No.2/complainant filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "NI Act") on the allegations, inter alia, that the complainant is involved in the business of computers and peripherals, having its branch office at A-155, Road No.4, Mahipalpur Extension, New Delhi- 110057. The accused Nos.2 to 6 in the complaint are the directors of accused No.1 company (petitioner No.1 herein). The petitioner No.1, acting through other accused, has acted as a retail dealer of the products distributed by respondent No.2. In the normal course of business, the accused had ordered for goods which were partly supplied by the complainant vide invoices No. N201-22-1005-046 dated 31st May, 2010;N101-22- 1005-105 dated 27th May, 2010 and N101-22-1005-149 dated 31st May, 2010 aggregating a sale of Rs.22,64,179/-. The petitioner No.1 had issued cheque bearing No.168642 dated 18.01.2012 of Rs.21,41,429/- drawn on Tamilnad Merchantile Bank, Chennai, which got dishonored on presentation with the remarks "insufficient funds". The information about the said dishonored cheque was given to respondent No.2/complainant on 25.01.2012 from its bankers i.e. Citi Bank, New Delhi. Therefore the respondent No.2 issued legal notice of demand dated 21.02.2012 by registered AD post. Despite service of notice, the accused persons failed to make payment of amount of the cheque and therefore, complaint was filed by the respondent no. 2.

(3.) During the course of arguments, learned counsel for both the parties confine their arguments only on the ground that notice of demand was not issued by the complainant within 30 days of the knowledge of dishonor of the cheque.