ASHWANI KUMAR SINGH Vs. VYAGRAH INFRASTRUCTURES PVT. LTD.

JUDGEMENT

(1.) Petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C'), has been filed on behalf of the Petitioners for setting aside the Summoning Order dtd. 3/4/2018 passed Ld. MM in CC No.9804/2017 and quashing of CC No.9804/2017 under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act').

(2.) Brief facts are that Respondent/Complainant, M/s Vyagrah Infrastructures Pvt. Ltd. had filed CC No.9804/2017 under Sec. 138 NI Act against the Petitioners in respect of alleged dishonour of Cheque No.315005 dtd. 25/4/2017 for Rs.21,90,905.00 drawn on Yes Bank, South Extension, New Delhi, due to 'insufficiency of funds'.

(3.) Ld. MM, vide Order dtd. 3/4/2018, took cognizance of the said Complaint and summoned the Petitioners, among other accused and directed them to appear on 1/8/2018. On the next date of hearing, i.e. 1/8/2018, it was noticed that summons had not been issued against the Petitioners herein and summons were again directed to be issued on that day.