(1.) BRIEF facts necessary for adjudication of this matter are as under:
(2.) THE respondent filed a complaint under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'N.I. Act') before the competent Court at Gwalior. The present petitioners by invoking the jurisdiction of this Court under section 482 of CrPC have called in question the legality, validity and propriety of this complaint.
(3.) LEARNED senior counsel submits that once amount was returned to the respondent, as per the MOU, the machineries were required to be sent back to the petitioners by the respondent. However, the machineries were not sent to the petitioners and, therefore, a civil suit was filed on the original side before the High Court of Madras. This civil suit is placed on record as Civil Suit No.715/2010 (Annexure P-8). In the said civil suit, the petitioners have prayed for following reliefs :