HORA SALES AGENCIES Vs. QUEST COMPONENTS P LTD

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing complaint No.58/2001 under Section 138 read with Section 142 of the Negotiable Instruments Act read with Section 420 Indian Penal Code pending in the court of Metropolitan Magistrate Delhi and the notice issued under section 251 of Code of Criminal Procedure, to the petitioner.

(2.) I have heard Ms.Sonia Arora, learned counsel for the petitioner on the point of admission and have gone through the copies of the documents placed on the file.

(3.) In the compliant it is alleged that against the loan taken by the petitioner (accused) from the complainant the accused had issued two cheques dated 28.8.2000 for Rs.1,50,000/- & Rs.1,25,000/- with the assurance that the same would be honoured on presentation. The petitioner-accused time and again requested the complainant not to present the cheques as he was facing financial difficulties and only on 20.2.2001 agreed that the cheques be presented and assured the complainant that the same shall be encashed but the cheques were dishonoured due to insufficient funds. Intimation was given to the accused and the accused assured to make the payment. Notice was served and then complainant filed the present compliant.