- (1.)This petition has been filed under Section 482 of the Code of Criminal Procedure against the order dated 25.6.2005 passed by Metropolitan Magistrate, Delhi summoning the petitioner under Section 138 Negotiable Instruments Act. I have heard Mr.Hari Narayan Takkar, learned counsel for the petitioner, on the point of admission, and have gone through the documents placed on the file.
(2.)perusal of the complaint shows that in para 2 and para 6 of the complaint it is averred that respondent No.2 is a company under the Companies Act and the respondent Nos.2 and 3 are Directors of the CRL.M.C.No.340/2006 Page 1 of 5 respondent No.1 company and are looking after and managing the affairs of respondent No.1 company and as such are responsible for the day to day affairs of the company and are also squarely liable in the present dispute. The respondents are jointly and severally liable and they refused to clear their liabilities. The complainant company has been supplying wood to the respondents from time to time as per the orders placed by the respondents.
(3.)In partial discharge of legally recoverable dues, the respondent issued cheque dated 25.11.2003 in favour of the complainant in the sum of Rs.18.00 lakh drawn on Bank of India, Delhi. The said cheque was dishonoured due to insufficient funds. The respondents were requested to make the payments but in vain. Then legal notice was sent but to no effect.