ANIL KULSHRESTHA Vs. FIITJEE LTD

JUDGEMENT

(1.) The present petition is filed challenging the order dtd. 28/8/2023 (hereafter 'the impugned order') passed by the learned Metropolitan Magistrate (MM) (NI Act) Digital Court-03, Saket Courts, New Delhi in a complaint filed by the respondent being CC NI Act No. 2369/2023, under Sec. 138 Of Negotiable Instruments Act, 1881 ('NI Act').

(2.) The learned MM, by the impugned order, has taken cognizance of the complaint filed by the respondent and issued summons against the accused/petitioner.

(3.) The case of the complainant is that the complainant is a well-known institute that undertakes coaching in the name of FIITJEE Ltd. for students for various competitive exams. The accused/petitioner was appointed as Assistant Professor in the Mathematics Department on 2/6/2022. The terms and conditions of employment of the accused were contained in the 'Service Contract Manual for the Employees' which were duly accepted by the accused and he furnished two cheques bearing no. 121010 and 121011 both drawn on Axis Bank, Morena, MP for a sum of ?2,92,800/- and ?8,47,200/-respectively in lieu of the said acceptance. It is alleged that in terms of the Service Manual, the complainant had implied authority to fill in the date in the said cheques, in case of any violation of terms of the service manual.