Ved Prakash Vaish, J. (Oral):--

1. The petitioner Sanjay Pratap Bhati has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (herein after referred to as “Cr.P.C”) against the impugned order dated 2.4.2013 (wrongly mentioned in the petition as order dated 22.2.2013) passed by learned Metropolitan Magistrate, Dwarka Courts, New Delhi whereby the petitioner has been summoned for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as ‘the Act’) in complaint Case No. 411/2013 titled M/s S.E. Investments Ltd. v. Sanjay Pratap Bhati.

2. Briefly stating the facts of the present case are that respondent No. 1 herein filed a complaint under Section 138 of the Act on the grounds, inter alia, that the petitioner herein had obtained loans from respondent No. I/complainant company and executed two hypothecation agreements dated 26.8.2004 and 27.1.2005. Pursuant to the said agreements, respondent No. 1 was to repay the said loan as per terms and conditions mentioned herein. The respondent No. 1 issued cheque bearing No. 845879 dated 26.12.2012 for Rs. 22,98,958/- (Rupees twenty two lakhs ninety eight thousand ni

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