Ritu Bahri, J. - (1.) THIS petition under Section 482 of the Code of Criminal Procedure is for quashing criminal complaint No. 12395 of 2010 (Annexure P4), summoning order dated 23.8.2010 and the revisional order dated 28.1.2011.
(2.) THE complainant company is incorporated under the Indian Companies Act, 1956 having its registered office at TG -2B/10, Garden Estate, DLF City, Phase 1, Meharuli, Gurgaon Road, Gurgaon Haryana. The company has been carrying on the business of trading in steel since 2003 -04. The accused company has its registered office at 33A, Manohar Pukar Road, Kolkata - 700029 (West Bengal) and is engaged in the distribution and wholesale of Indian made Foreign Liquor and Beer in Kolkata. The complainant has been approached by the accused person since 1998 seeking loan for the purposes of investment into the business. The loan was repaybale along with interest. The loan taken by the accused is Rs. 72,50,000/ - and the accused was to repay the loan jointly. A sum of lacs stood outstanding towards the above mentioned loan. The balance sheet of the complainant for the financial year ending 31.3.2009 reflected Rs. 9,98,145/ - as loan advance to the accused plus interest which remained outstanding and includes the principal of lacs and interest of Rs. 1,98,145/ -. The accused persons gave the complainant cheques totalling to lacs. The cheques issued by the complainant were drawn by the accused on the account maintained by them with the State Bank of India, Kalighat, 79C, Shyama Prosad Mukherjee Road, Kolkata, West Bengal - 700026. These cheques were presented during their validity by the complainant to its bank namely HDFC Bank Ltd., Global Business Park, Gurgaon. The Bank sent the cheques for collection but the same were returned dishonored by the bank of the accused namely State Bank of India, Kalighat, 79C, Shama Prasad Mukherjee Road Kolkata, West Bengal -700026. The cheque return memos of bank gave the reason for dishonor as under: Exceeds Arrangement. Thereafter notices were sent on 9.7.2010 on behalf of the complainant informing the accused that the above cheques had been returned unpaid. A demand on behalf of the complainant was made for payment of the money. This notice was despatched on 9.7.2010 to the accused by means of Registered Post and Courier. The Courier was duly delivered to all the accused persons on 10.7.2010. The accused persons refused to accept the notices by Registered Post which shows the mala fide intention of the accused to commit cheating.
(3.) IN view of the above background, the complainant have been constrained to file the complaint under Section 138 of the Negotiable Instruments Act.;