- (1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of complaint No. 411/2 dated 16.9.2010 under Section 138 of Negotiable Instruments Act, 1881 ('Act' for short) (Annexure P-1) and all the consequential proceedings arising therefrom including the summoning order dated 24.9.2010 (Annexure P-2).
(2.) Learned counsel for the petitioners has submitted that on receipt of notice from the respondent company with regard to dishonour of cheques in question, petitioners had sent two drafts of the cheque amount in question along with the reply.
(3.) The drafts amount must have been encashed by the respondents. Summoning order was issued after the payment had been received by the respondents. Hence, the complaint in question was nothing but an abuse of process of law.;