HIMANSHU Vs. TCNS CLOTHING CO. LTD

JUDGEMENT

(1.) The present petition has been filed seeking quashing of Complaint Case No. 2542/2019 pending before the learned Metropolitan Magistrate ('MM'), South District, Saket Courts, New Delhi, for offence under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act, 1881 ('NI Act').

(2.) Briefly stated, the facts of the case are that the petitioner is a partner in the partnership firm namely- A & A Enterprises that entered into a Franchisee Agreement dtd. 28/12/2012 with the respondent company namely- TCNS Clothing Co. Ltd. (hereafter 'complainant'), who is in the business of sale of women's apparel and accessories under the brand name "W", "Aurelia" and "Wishful". In pursuance of the Franchisee Agreement dtd. 28/12/2012, A & A Enterprises was appointed as a retailer / retail operator of the products of the respondent company and was to establish and operate a retail outlet at Store No. 111, Moments Mall, Patel Road, New Delhi. It is alleged that various products were delivered to the petitioner through invoices in which Customer Code No. 119101 has been mentioned and the same have been received by the petitioner. It is alleged that a total sum of about Rs.38,11,873.00 is due on part of the petitioner. It is alleged that in discharge of its liability the petitioner issued two cheques, one bearing No. 000565 dtd. 27/9/2018 for a sum of Rs.10,00,000.00 and one being cheque No. 000566 dtd. 30/9/2018 for a sum of Rs.7,50,000.00 both drawn on HDFC Bank, G-14, Kirti Nagar Extension, New Delhi- 110015, in favour of the complainant.

(3.) It is alleged that the said cheques were dishonoured vide return memo dtd. 21/12/2018 for reasons "Funds Insufficient". Following the dishonour of the cheques, the complainant sent a legal notice dtd. 14/1/2019, calling upon the petitioner to make payment towards the dishonoured cheques within 15 days.