D.S. NANDA Vs. HEIGHT EXPORTS PVT. LTD

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 ('Criminal Procedure Code ') seeking the quashing of Complaint Case No. 49198 of 2006 titled M/s. Height Exports Pvt. Ltd v. M/s. Paragon and Ors pending in the court of the learned Additional Chief Metropolitan Magistrate ('ACMM'), New Delhi.

(2.) THE aforementioned complaint was filed by the Company M/s. Height Exports Pvt. Ltd. in respect of the dishonour of three cheques issued in its favour by M/s. Paragon, a partnership of which Petitioner No. 1 Shri D.S. Nanda is a partner. Petitioner No. 2 is the wife of Petitioner No. 2 and described in the complaint as the authorised signatory of Petitioner No. 3. The details of the three cheques which were dishonoured were:

(3.) LEARNED counsel for the Respondent does not dispute the fact that the notice issued by the complainant to the accused had called upon the accused to make the payment of the entire sum of Rs. 25 lakhs and was not confined to the amount covered by the three dishonoured cheques.