DSC LTD. Vs. DADA JEETU BUILDCON PVT LTD

JUDGEMENT

(1.) The petitioner seeks quashing of summoning order dated 06.03.2013 and seeks quashing of complaint filed under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the N.I. Act).

(2.) The respondent had filed a complaint under Section 138 N.I. Act contending that two cheques in the sum of Rs. 75 lakhs issued by the petitioner were dishonoured for the reasons "insufficient funds".

(3.) Apart from the raising defence on merits, the petitioner has raised a technical defence to the complaint and contends that the same goes to the very root of the matter and submits that the complaint is not maintainable.