- (1.) Present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of complaint (Annexure P/1) filed under Section 138/142 of the Negotiable Instruments and also summoning order dated 29.05.2010 (Annexure P/2).
(2.) Brief facts of the case are that criminal complaint was filed by the respondent-complainant against the petitioners under Section 138/142 of the Negotiable Instruments Act with the averments that the petitioners took a loan from the complainant of Rs. 35,00,000/- and in order to discharge his liability, the accused issued cheque bearing No. 188892 dated 01.11.2009 of Rs. 3,24,221/-. Said cheque on presentation at Gurgaon for encashment was dishonoured and returned unpaid with remarks "Reffer to Drawer". Thereafter, the complainant served notice upon the accused, but the accused failed to comply with the notice. Taking cognizance of the matter and after considering the preliminary evidence, the learned trial Court vide order dated 29.05.2010 summoned the petitioners. Hence, this criminal petition.
(3.) While issuing notice of motion, this Court passed the following order on 30.05.2012: "Contends that the petitioners took the loan from the respondent-complainant. The company o ice is at Mumbai. The petitioners have their place of business at Mumbai. The cheque was issued at Mumbai. The bank on which the cheques were to be drawn was at Mumbai. Earlier also, all the cheques issued by the petitioners were being deposited at Mumbai. It is for the first time that the cheque was deposited at Gurgaon only to create jurisdiction. Notice of motion for 24.8.2012. Mrs. Kiran Bala, Advocate, who is present in the Court, accepts notice on behalf of the respondent and disputes the averments made by the learned counsel for the petitioners. In case the above averment made by the learned counsel for the petitioners are found to be incorrect, the present petition shall stand dismissed with costs.";