LAWS(DLH)-2024-2-63

MAHDOOM BAWA BAHRUDEEN NOORUL Vs. KAVERI PLASTICS

Decided On February 26, 2024
Mahdoom Bawa Bahrudeen Noorul Appellant
V/S
Kaveri Plastics Respondents

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (in short, "Cr.P.C.") seeking quashing of Criminal Complaint bearing No. 523804/2016, titled as Kaveri Plastics v. Nafto Gaz India Private Limited and Ors., registered under Ss. 138/141/142 of the Negotiable Instruments Act, 1881 (in short, "NI Act"), pending before the Court of the learned Metropolitan Magistrate, NI Act-04, Central District, Tis Hazari Courts, Delhi (hereinafter referred to as "Metropolitan Magistrate").

(2.) The above complaint case has been filed by the respondent against the petitioner, arraying the petitioner herein as the accused no.3. In the said complaint, it has been alleged that the accused no.1, that is, Nafto Gaz India Pvt. Ltd., entered into a Memorandum of Understanding with the respondent herein, that is the complainant, on 30/4/2012, pertaining to the sale of land bearing Khasra No.75, Khewat No.61, Khata no.112 and Khatoni No.61/14, Village - Humayun Pur situated at Abadi of Arjun Nagar, New Delhi, and also agreed to take on lease the said property till the final sale deed is executed. It also issued certain cheques towards the liability of the payment of the rent for the leased property.

(3.) It is stated that Cheque bearing no.876229 dtd. 12/5/2012 drawn on the Indian Overseas Bank, R.K.Puram, Delhi amounting to Rs.1.00 crore (Rupees one crore) issued by the accused no.1 was returned dishonoured with the remark "funds insufficient". It is alleged that on the dishonour of the said cheque, the respondent herein sent a legal demand notice on 8/6/2012, on which the accused nos.4 and 5 gave a false and frivolous reply. It is alleged that the accused no.3/petitioner herein avoided service of the demand notice.