G.S.CHAHAL
Chahal Engg. & Construction – Appellant
Versus
Verma Plywood Co. – Respondent
G.S. Chahal, J. - The petitioners seek quashing of the complaint dt. August 29, 1991 filed by the respondent against him for offence u/s. 138 of the Negotiable Instruments Act (for short the Act), the summoning order issued by the Court and all consequent proceedings.
2. The prosecution was launched by the respondent on the ground that the respondent had supplied to the petitioner shuttering plywood valued at Rs. 2,28,300/- during the period August 3, 1989 to October 3, 1989 vide various bills. The petitioner paid Rs. 20,000/- by way of a cheque dated November 17, 1989, but withheld the balance amount. Ultimately on issuing two cheques in favour of the respondent and on presentation, one of the cheques was honoured on June IS, 1991, but the second cheque amounting to Rs. 98,0601- was dishonoured with the remarks "Refer to Drawer". On receipt of intimation of this memo of dishonour, the respondent issued a notice and the notice sent at the Delhi address was duly delivered while the other was received back as unclaimed. This dishonoured cheque was again presented for encashment on July 31, ]991, but having been again dishonoured, a notice dated August 5, 1991 was issued calling u
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