DALVINDER SINGH Vs. SOLAR FIRST ENERGY PVT. LTD

JUDGEMENT

(1.) Through the instant petition, prayer is made for quashing of complaint case bearing No.NACT/4370/2019, dtd. 5/9/2019 (Annexure P-6) and the summoning order dtd. 10/9/2019 (Annexure P9), vide which the petitioner has been summoned to face trial for the commission of offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) The gist of allegations against the petitioner are that he had purchased a solar power generating system, of 3 KW capacity from the respondent-company (complainant) on credit basis and the total value of the said unit was Rs.2,15,000.00, inclusive of all taxes. The Tax Invoice dtd. 30/1/2019 in respect of the aforesaid amount was also issued to the petitioner.

(3.) There is no wrangle amongst the contesting parties that against the tax invoice (supra) the petitioner had paid a sum of Rs.1,50,000.00, leaving a balance of Rs.65,000.00.