- (1.) Present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of complaint titled "Indiabulls Financial Services Ltd. vs. K.S. Plastic India Pvt. Limited and another" (Annexure P/5) filed under Sections 138/142 of the Negotiable Instruments Act read with Section 357 of Cr.P.C. and also the summoning order dated 18.02.2010 (Annexure P/6) and all subsequent proceedings arising therefrom.
(2.) Brief facts of the case are that criminal complaint was filed by the respondent-complainant against the petitioner under Section 138/142 of the Negotiable Instruments Act with the averments that the petitioners took a loan from the complainant of Rs. 25,00,000/- and in order to discharge their liability, the accused issued cheque bearing No. 880999 dated 01.11.2009 of Rs. 7,51,609/-. Said cheque on presentation at Gurgaon for encashment was dishonoured and returned unpaid with remarks "EXCEEDS ARRANGEMENT". Thereafter, the complainant served notice upon the accused, but the accused failed to comply with the notice.
(3.) Taking cognizance of the matter and after considering the preliminary evidence, the learned trial Court vide order dated 18.02.2010 summoned the petitioners. Hence, this criminal petition.;