PENORAMA OVERSEAS PVT LTD Vs. GRASIM INDUSTRIES LTD

JUDGEMENT

(1.) This present petition is preferred for recall of the summoning order dated 06.12.2001 of the Ld. Metropolitan Magistrate, on a Complaint filed by the Respondent (hereafter "the complainant") and quashing of criminal proceedings.

(2.) The facts necessary to decide this petition are that the complainant M/s. Grasim Industries, instituted a complaint under Section 138 Negotiable Instruments Act read with Section 420 IPC. The Petitioners approached the Complainant on 22.08.2001 for payment of rent of a plot to Haldia Dock Complex through handling agent M/s Lee & Muirhead Ltd. They issued a cheque in the sum of Rs,14, 50,000/-, for repayment of liability.

(3.) The complaint alleged that upon presentation the said cheque was dishonoured. The respondent alleged that it issued a notice and asked petitioner to make payment within 15 days, but the latter failed to do so. A complaint was filed against the petitioners before the Metropolitan Magistrate; they were issued with a summoning order.