ENN TEE INTERNATIONAL LTD. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present C482 application, the applicants have challenged summoning/cognizance order dtd. 4/3/2021, passed by learned Judicial Magistrate First, Haridwar, in Complaint Case No.87 of 2020, Khanna Polymers Vs. Enn Tee International Ltd., for the offences punishable u/s 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as 'the Act'), along with the entire proceedings of the aforesaid criminal case.

(2.) The present C482 application was filed in the year 2022 and since then, even notice has not been issued to respondent No.2.

(3.) The facts in brief are that the trade of plastic granules was going on between the applicant's firm and the respondent No.2 since 2011, in which the respondent No.2 had been sending goods to the applicants-firm from time to time as per their orders and demands. Due to which, the applicants have an outstanding amount of Rs.64,45,931.00, in lieu of which, the applicants gave three cheques amounting to Rs.20,00,000.00 each to respondent No.2, issued by the State Bank of Bikaner and Jaipur, Karol Bagh, New Delhi. When, he presented these cheques in his Bank, these were returned to him with a remark 'Account Closed' on 21/11/2020. Aggrieved by the said act, respondent No.2 sent a Demand Notice through registered post demanding the aforesaid amount on 1/12/2020 to the applicants' address, but, despite service of notice, the applicants-firm did not return the due amount.