PS IT ZONE Vs. RASHI PERIPHERALS PVT. LTD.

JUDGEMENT

(1.) The prayer made in the present petition is for quashing of the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') and the summoning order dated 28.01.2016 passed thereon and all consequential proceedings arising therefrom.

(2.) The respondent-complainant filed the aforesaid complaint with the averments that the petitioner had been purchasing wireless desktops, monitors, display cards and other accessories from the complainant since 2015. Against the purchase of 5 Logitech/Combo/Wireless Desktops, 5 Monitors and 2 Asus Display Cards, the petitioner had issued cheque No. 000758 dated 29.07.2015 for Rs.37,838/- drawn on State Bank of Bikaner and Jaipur, Kurukshetra, but when presented for encashment, the said cheque got dishonoured on 16.10.2015 with the remarks 'account closed'. Thereafter, a notice under Section 138(b) of the Act was issued by the complainant- respondent to the petitioner on 20.11.2015, but still no payment was made.

(3.) In the said complaint, the learned trial Magistrate, passed the summoning order dated 28.01.2016.