A. K. SIKRI, J.

( 1 ) M/s. PREM Nath Autos Pvt. Ltd. , (hereinafter referred to as `the complainant") respondent no. 2 herein has filed complaint under Section 138 of the Negotiable Instrument Act against two persons, namely, M/s. Om Sons Autos as accused No. 1 and Shri Anil Kumar, Proprietor of M/s. Om Sons Autos impleading him as Accused No. 2. It is, inter alia, stated that complainant had supplied material to accused persons from time to time and discharged of their liabilities. Accused persons had issued different cheques on different dates for total sum of Rs. 17,76,470/ -. These cheques which were 37 in numbers and particulars whereof are given in para-5 of the complaint were dishonoured on presentation. Legal notice dated 17. 5. 1997 was issued calling upon accused persons to make payment of the amount within 15 days from the date of the receipt of the said notice which was neither replied nor payment was made and, therefore, complaint was filed by the complainant. Vishnu Sharma, authorized representative of the complainant tendered his evidence by way of defence and was examined who exhibited various documents in his examination on the basis of which summoning orders were