DSA ENGINEERS BOMBAY Vs. U E M INDIA PRIVATE LIMITED

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (for short "the Code") and Article 227 of the Constitution of India has been filed by the petitioners (accused) for quashing the complaint filed by the respondent for offence under Section 138/141/142 of the Negotiable Instruments Act (for short "the Act") and the orders of summoning dated 19.8.1996, 6.12.1996 and 10.1.1997 passed thereon by the learned M.M.

(2.) Petitioner No.1, a partnership firm, and petitioners No.2 to 4 as its partners have been arrayed as accused Nos. 1 to 4 in the complaint.

(3.) Briefly, the facts are that the respondent-complainant in its complaint under Section 138 of the Act has alleged that in the month of May 1994, the accused had placed an order upon it for the design, supply, erection, installation and commissioning of Sewage Treatment Plant for Hotel Trident at Ahmedabad for a considcration of Rs.l3,25,000.00 ; that during the execution of the work, the complainant had been raising bills from time to time but the payments were not made and were being avoided by adopting delaying tactics and then on 10.11.1995 a cheque bearing No.339438 dated 25.11.1995 for a sum of Rs.3,37,434.00 drawn on State Bank of India, Nehru Place, New Delhi branch in favour of the complainant as part payment of their dues was given. The cheque was presented through its banker but was returned unpaid on 27.11,1995 with the remarks "Refer to drawer". On being informed the accused expressed regrets being in financial crisis and asked the respondent to wait for some time. The cheque was again presented on 27.12.1995 but was again dishonoured on 29.12.1995 with the remarks "Payment stopped by the drawer". A legal notice dated 6.1.1996 was served on the accused persons which was acknowledged by them in their reply dated 27.1.1996 but the payment was not made. And the complaint was filed on 12.2.1996.