TEXCEL INFOTECH (P) LTD. Vs. STATE OF NCT

JUDGEMENT

(1.) This is a petition filed under Section 482 of the Code of Criminal Procedure, 1973 against summoning order dated 30.07.2012 passed by learned Metropolitan Magistrate (South), Saket Courts, New Delhi in CC No.472/12 titled as "Anil Khosla vs. Texcel Infotech (P) Ltd.".

(2.) Briefly stated the facts giving rise to the present petition are that the respondent No.2/ complainant filed complaint under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act") against the petitioner on the allegations, inter alia, that the petitioner took a short term loan of Rs.15,00,000/- (Rupees Fifteen lakhs) from the complainant for a period of 90 days for purchasing software licenses for LPR System from M/s. Syac and issued cheque Nos.626972, 626973, 626974 for Rs.5,00,000/- (Rupees Five lakhs) each and 626975 for Rs.50,000/- (Rupees Fifty thousand), all dated 01.11.2011 and drawn on Corporation Bank, Secunderabad Branch. On presentation the said cheques were returned with the remarks "payment stopped by drawer". Despite service of statutory notice dated 25.04.2012, the petitioner failed to make payment.

(3.) After recording pre-summoning evidence, the petitioner was summoned for the offence under Section 138 of NI Act vide impugned order dated 30.07.2012.