OM PRAKASH TIWARI Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed by the petitioner aggrieved from the summoning order and the complaint filed by the respondents against them on account of dishonor of a cheque dated 07. 10. 2003 for a sum of Rs. 24,30,350/- which was given by the petitioners to M/s KMF Builders and developers Limited (hereinafter referred to as KMF) on account of having entered into an agreement for the purchase of certain shares in property comprising in the Old Survey No. 105/l (part), New Survey No. 34 (1) situated at village Gauipada, Taluk Kalyan, Distt. Thane. The said cheque was presented for payment by the respondent to their bankers in July, 2004 and the same was returned back with the remarks that the instructions have been given to the bankers by the petitioners to "stop the payment".

(2.) IT is a matter of record that no reply was filed by the petitioners to the notice issued on behalf of the complainant about the dishonor of the cheque within the stipulated time. Accordingly, the respondent/ complainant filed the present complaint in which the petitioners have been summoned by the learned Magistrate on the basis of an affidavit filed by the complainant as evidence.

(3.) THE summoning order reads as under: kmf Builders v. Om Prakash Tiwari fresh complaint received on assignment. It be checked and registered. Present: Complainant/ar with counsel affidavit filed by way of evidence C. E. closed. Arguments on summoning of accused heard. Record perused. The cheque, notice and complaint are within limitation. I am satisfied that there are sufficient grounds to summon the arrayed accused u/s 138 NI Act. Therefore, accused be summoned PF and RC with copy of complaint be filed within one week from today for 06. 01. 2005. Dasti. MM New Delhi. 18. 09. 2004