SUMMIT INFOTECH LTD Vs. KODAK INDIA LTD

JUDGEMENT

(1.) BY this petition the petitioners have assailed the order dated 20. 11. 2002 passed by the concerned court dismissing their application for recalling the summoning order dated 15. 01. 2002 in Complaint Case No. 1602/2002 which had been filed by the respondent under Section 138 of the Negotiable Instruments Act after the dishonor of three cheques bearing Nos. 081593, 081646 and 081647 totaling Rs. 23,30,700/- as the payment was stopped by the drawer.

(2.) IT is the case of the petitioners that the aforesaid three cheques were post-dated cheques and were not to be presented by the respondent in view of the letters dated 3. 08. 2001 and 10. 08. 2001, whereby the respondents were advised not to present the same. It is stated that the respondents were even asked to take away the material which was lying with the petitioners because they were going to discontinue the distribution business as conveyed by their letter dated 13. 8. 2001.

(3.) BRIEFLY stating, the facts giving rise to the filing of this petition are: