AMOL RATTAN SINGH, J. - (1.) THIS petition, having been filed invoking jurisdiction under Section 482 of the Cr.P.C., seeks quashing of criminal complaint no.320 of 2012 dated 26.11.2012, filed by the respondent -company against the petitioners, for the alleged commission of an offence punishable under Sections 138, 141 & 142 of the Negotiable Instruments Act, 1881 (hereinafter to be referred to as "the Act").
(2.) IT is stated in the petition that petitioners No.2 and 3 are Directors and petitioners Nos.4 & 5 are Senior Vice President and authorized signatory respectively, of the first petitioner, i.e. the company, M/s Mountain Fall India Pvt. Ltd. The petitioner -company claims to be a reputed company engaged in the construction of hydro power projects allotted by State Governments. As per the complaint filed before the trial Court by the respondent -company (Annexure P -1), it is a subsidiary company of M/s Lahmeyer International GmbH and both, the parent as well as the subsidiary company, are in the business of engineering consultancy for projects of varied nature. They entered into a consultancy contract, on 27.05.2009, with the petitioner -company, for providing consultancy services with regard to preparation of a Feasibility Study Report and a Detailed Project Report for a hydro power project being undertaken by the petitioner in Arunachal Pradesh. The complaint states that in view of the services provided, the 2 companies, i.e. the parent company and its Indian subsidy, became entitled to Euros3,03,264.21/ - and Rs.1,57,11,612/ - respectively, from the petitioner company. Accordingly, bills and invoices were raised and issued to the petitioner -company; however, despite much communication by Email, letters and telephonic conversions, eventually a cheque of only Rs.25,00,000/ -, bearing No.146836, was issued by the petitioners on 3.10.2012, in favour of the respondent, as part payment of amounts due. After, allegedly, assurances also having been given by the accused (petitioners), that the cheque would be honoured, it was deposited with the HDFC Bank Ltd., in its branch at SCO No.15, Sector 14, Gurgaon, on the same date, i.e. 3.10.2012.
(3.) HOWEVER , on the 5th October, 2012, the respondent -complainant company received a memo dated 4.10.2012 from its bank, informing it that the cheque stood dishonored on the ground of insufficiency of funds. Accordingly, as per the complaint, the respondent -complainant served a legal notice dated 31.10.2012, making a demand of payment of the said amount of Rs.25,00,000/ - within 15 days of the receipt of the notice. The notice is stated to have been despatched by courier and registered post (acknowledgment due), at the addresses of all 5 petitioners, despite which all the accused persons failed to respond to it, to make the payment within the stipulated period. Consequently, the complaint came to be filed by the respondent -company. Though the copy of the complaint annexed with the petition does not give the date on which it was filed, however, Mr. R.S. Rai, learned Senior Counsel appearing on behalf of the petitioners, had stated that it was filed on 26.11.2012.;