- (1.) The instant petition has been filed under Section 482 Cr. P. C. for quashing of the complaint No. 879/2 dated 9.9.2009, entitled "Shiv Kumar Grover v. Smt. Sheetal Gaurav P. Jain and another", pending in the court of Judicial Magistrate First Class, Ludhiana (Annexure P-1) and the summoning order dated 9.9.2009 (Annexure P-2) and all subsequent proceedings arising therefrom.
(2.) Brief facts as mentioned in the complaint are to the effect that the petitioners/accused approached the complainant-respondent in the month of March 2009 for purchasing copper scrap. The complainant is doing the business of trading/agent of ferrous and non-ferrous scrap and supplying to different persons in India whereas the accused are alleged to be also doing the business of purchasing and selling scrap. It is also mentioned that the complainant-respondent is doing the work of trading/agent only. It is mentioned in the complaint that the complainant-respondent is also an agent of AIP Industries, Office No. 2, 5th Floor, Carnival Complex, Mall Road, Ludhiana. The said company is also doing the business of trading of ferrous and non ferrous metals. On 2.3.2009, the complainant sold scrap through invoice No. 213 dated 2.3.2009 and Invoice No. 214 dated 3.3.2009 for a sum of Rs. 65,70,500/- to both the petitionees. Allegedly, the delivery was taken by the petitioners from the Focal Point, Ludhiana. As such, legally enforceable liability arose and they are legally bound to discharge the liability. In discharge of the said liability, petitioner No. 1 Shital Gaurav P. Jain issued a cheque No. 122158 dated 9.3.2009 for a sum of Rs. 65,70,500/- drawn on the UTI Bank (now known as Axis Bank). It is alleged that a request was made by petitioner No. 1 that the cheque should be deposited in the month of August 2009 so that the same could be encashed.
(3.) When the respondent-complainant presented the cheque on 13.8.2009 to his banker Punjab National Bank, Ludhiana, it was returned back on 17.8.2009 with the memo bearing remarks "funds insufficient". The complainant issued a legal notice dated 22.8.2009 under UPC and two registered posts of the same date through his counsel. The said notice was duly served upon the petitioners-accused but in spite of that, no payment was made.;