NISHA HASIJA Vs. SYMPHONY MERCHANTS PVT. LTD.

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of proceedings in connection with Complaint Case No. CS/114550/2016 under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act, 1881 and corresponding to T.R. No.4984/2016 and now pending before the Court of the learned 6th Metropolitan Magistrate, Calcutta.

(2.) The petitioner's case is that the opposite party lodged a complaint against the petitioner stating that the accused no. 1 is a company having its office at C-636, DSIDC, Industrial Area, Narela, Delhi- 110040 and is engaged in the business of Import and Export of goods and the accused nos. 2 and 3 are the directors of the accused no. 1 company and both of them look after day to day business affairs of the accused no. 1 and they are the persons who are fully aware and responsible for the commission of the said offence. The complainant company had issued a cheque of Rs.1,00,00,000.00 (One Crore only) favouring the accused no. 1 towards loan and the said cheque was duly received, encashed and appropriated by the accused persons.

(3.) That as per mutually agreed terms and conditions, the accused persons in discharge of the existing debts and/or liabilities of Rs.1,00,00,000.00 (Rupees One Crore) only due to the complainant company, the authorized signatory of the accused no. 1 had issued a cheque bearing no. 000808 dtd. 30/7/2016 drawn on HDFC Bank, 16, Barakhamba Road, Ground Floor, DCM Building, New Delhi-110001 of Rs.1,00,00,000.00 (One Crore Only). The said cheque was presented within its validity period at the complainant's bank, HDFC Bank Ltd., Stephen House Branch, Kolkata-700001 for encashment but the same was dishonoured by the bank vide memo dtd. 26/8/2016 bearing the endorsement 'ACCOUNT CLOSED'.