D. BABU Vs. BHARTIA INDUSTRIES LTD.

JUDGEMENT

(1.) BY way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as, 'Cr.P.C.'), petitioner seeks quashing of the criminal complaint titled as 'Bhartia Industries Limited v. D. Babu' filed by the respondent under Section 138 of the Negotiable Instruments Act in the Court of learned Metropolitan Magistrate, Patiala House.

(2.) THE facts of the case, as per the petition are as under.

(3.) THE petitioner was appointed as an authorized systems integrator of the products of respondent. As per Clause 3.2(c) of the agreement (to remain in force till 31.3.2007) entered into between the parties, no order of the petitioner was to be considered for execution by the respondent till the time it was accompanied by a cheque of the ordered amount.