PSA NITROGEN LIMITED Vs. SATIA INDUSTRIES LIMITED

JUDGEMENT

(1.) This petition under Sec. 482 Cr.P.C. is filed for quashing of the complaint bearing No. NACT-152-2018, titled as "Satia Industries Ltd. v. PSA Nitrogen Ltd." and summoning order dtd. 23/5/2018.

(2.) The brief facts necessary for adjudication of the present petition are that the complainant-Satia Industries Ltd. placed a purchase order dtd. 13/7/2016 with the petitioner-company for design, engineering, supply, supervision of erection and commissioning of oxygen generator set. As per the payment clause, the petitioner had to give a cheque for Rs.37.20 lacs with an undertaking that the respondent can encash the cheque on failure of the petitioner to deliver equipment. The cheque was to be taken back on completion of successful commissioning.

(3.) In compliance of the payment clause, admittedly a cheque was issued by the petitioner to the complainant.