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2012 Supreme(Del) 2591

MUKTA GUPTA
Mekservers Pvt. Ltd. – Appellant
Versus
HCL Infosystems Ltd. – Respondent


For the Petitioner:Mr. Ramesh Chandra Patra, Mr. B.B. Pradhan, Mr. S. Chakraborty, Advocates.

JUDGMENT :

Mukta Gupta, J.


1. By this petition the Petitioner seek quashing of summoning order dated 11th June, 2010 passed by the Learned Metropolitan Magistrate and the subsequent proceedings in complaint case No. 1838/1/2010 under Section 138 Negotiable Instruments Act (in short NI Act) pending in the Court of Ms. Surabhi Sharma Vats, Learned Metropolitan Magistrate, New Delhi.

2. The facts giving rise to the present petition according to the Petitioners are that the Petitioners placed certain orders on 4th January, 2009 from Orissa for supply of computer systems and its accessories namely CISCC router to the Respondent company. Thereafter, on 22nd January, 2010 the Petitioner No.1 informed the Respondent that due to recession the customer had cancelled the order and all the equipments were lying with the Petitioners except two equipments. The Petitioner requested the Respondent to take the sales reversal and e-mails in this regard were exchanged. According to the Petitioner the Respondent company without appreciating the request of the Petitioners with mala-fide intention filled up the cheque dated 17th February, 2010 with an outstanding amount of Rs. 3,76,986/- without bringing t


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