BACO METALLICS INDUSTRIES Vs. ZETA LEATHERS EXPORTS

JUDGEMENT

(1.) BY way of present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ,,Cr.P.C.), the petitioner seek quashing of order dated 23.1.2013 passed by learned Metropolitan Magistrate, Patiala House Courts, New Delhi whereby the complaint filed by the petitioner was returned to the complainant.

(2.) IN a nutshell, the facts of the present case are that the petitioner/complainant filed a complaint under Section 138/141 of the Negotiable Instruments Act, 1881 on the grounds, inter alia, that the respondent herein had been purchasing goods from the petitioner. As per books of accounts maintained by the petitioner in due course of business a sum of Rs.13,10,752/ - was due and outstanding as on 30.9.2010 which was confirmed by the respondent, vide confirmation letter dated 1.10.2010. Thereafter, the respondent made payment of Rs.2,75,000/ - in four instalments and thereby leaving a balance of Rs.10,35,752/ - The respondent issued five cheques bearing numbers 246979 dated 5.11.2010, No.246980 dated 5.12.2010, No.246981 dated

(3.) FEELING aggrieved by the said order dated 23.1.2013, the petitioner preferred the present petition.