KOMANSU ELECTORNICS PVT LTD Vs. GADSEC SOLUTIONS

JUDGEMENT

(1.) Present summary suit has been filed under Order XXXVII CPC for recovery of Rs.1,27,10,829/-

(2.) Briefly stated, the relevant facts of the case are that the plaintiff supplied CCTV equipments to the defendants. It is the plaintiff's case that the defendants did not make any payment after 07th June, 2010 and that in a meeting held on 05th September, 2012, the defendants accepted the liability of Rs.82,53,785/- uptil 20th September, 2012 and accordingly handed over a cheque bearing no.151930 dated 20th September, 2012 amounting to Rs.82,53,785/-.

(3.) It is the plaintiff's case that the said cheque has been returned unpaid by the banker of the defendants on account of "insufficient funds". Thereafter, the plaintiff issued a legal notice dated 03rd October, 2012. As no payment was received, the plaintiff filed a criminal complaint under Section 138 of the Negotiable Instruments Act, which is stated to be pending before the Metropolitan Magistrate, Rohini Courts, Delhi.