AVINASH RASTOGI Vs. STATE

JUDGEMENT

(1.) By way of this petition under Section 482 Cr.P.C., the petitioner has assailed order dated 23.07.2014 passed by learned Additional Sessions Judge-03, Central, Tis Hazari Courts, Delhi whereby the criminal revision petition filed by the petitioner was dismissed and order dated 26.06.2014 passed by learned Metropolitan Magistrate (NI Act), Central-01, Tis Hazari Courts, Delhi whereby notice under Section 251 Cr.P.C. was framed against the petitioner.

(2.) In a nutshell, the facts giving rise to the present petition are that respondent No.2/complainant filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "NI Act") in respect of cheque Nos.004309 dated 16.08.2013, 004310 dated 01.09.2013, 004311 dated 15.09.2013 and 004312 dated 30.09.2013 amounting to Rs.82,50,000/- each, all drawn on Bank of Maharashtra, Karol Bagh, New Delhi. On presentation, all the said cheques got dishonoured with the remarks "exceed arrangements". Thereafter, the respondent No.2 sent statutory notice dated 29.10.2013 through registered AD post as well as courier. Despite service, the petitioner failed to make payment of the amount of cheques.

(3.) Vide order dated 26.06.2014, learned trial Court found sufficient material on record to frame notice under Section 251 Cr.P.C. and accordingly, notice under Section 251 Cr.P.C. was framed. Against the said order, the petitioner filed Crl. Rev. No.18/14 before learned Additional Sessions Judge, Delhi and same was dismissed vide impugned order dated 23.07.2014.