MICROMAX INFORMATICS LTD Vs. FUSION TELELINKS & ANR

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr.P.C.') against the orders dated 07.02.2014 and 22.02.2014 passed by learned Additional Sessions Judge, Tis Hazari Courts, Delhi whereby CR No.03/14 titled as 'Fusion Telelinks & Anr. vs. Micromax Informatics Ltd.' filed by the respondents was allowed.

(2.) In a nutshell, the facts giving rise to the present petition are that the petitioner herein filed a complaint under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (herein after referred to as 'N.I. Act') in respect of dishonour of cheque No.500954 dated 15.09.2010 drawn on Bank of Baroda, Ashok Nagar Branch, Pune, Maharashtra for a sum of Rs.43,48,423/- (Rupees forty three lakhs forty eight thousand and four hundred and twenty three). Despite service of statutory notice dated 05.10.2010, the respondents failed to make payment of the amount of the said cheque.

(3.) Notice under Section 251 Cr.P.C. was served on the respondents by the trial court on 02.01.2012 and plea of defence of the respondents/accused were recorded. The respondents did not move any application under Section 145(2) of the N.I. Act and the case was fixed for defence evidence. The respondents failed to adduce any defence evidence. On 30.04.2012, last opportunity was granted to the respondents to lead evidence subject to cost of Rs.5,000/- (Rupees five thousand) and the case was adjourned to 23.05.2012. The respondents did not examine any defence witness and moved an application for waiving of the cost. Vide order dated 23.05.2012, the said application was dismissed and the defence evidence was closed by the trial court.