1. A complaint case was filed by the respondent M/s Silver Line Incorporation against the petitioner Gopal Gupta C/o Vijay Polymers Pvt. Ltd. being Complaint Case No.1274/2009 under Section 138 of the Negotiable Instruments Act (in short ‘NI Act’) alleging that on the request of the petitioner, some goods were supplied by the complainant and in lieu of the supply, 8 cheques were issued totaling for a sum of Rs.3,88,684/- drawn on Union Bank of India, Punjabi Bagh, New Delhi. When the cheques were presented, the same were returned unpaid with the endorsement ‘funds insufficient’ vide memos dated 18th December, 2004. The complainant sent legal notice dated 20th January, 2005 which was duly served on the petitioner/accused by way of registered AD post and UPC. Despite service of legal notice, neither any reply was received nor payment was made hence offence punishable under Section 138 NI Act had been committed.

2. Since the complaint was barred by limitation and not maintainable on other counts as well, the petitioner filed a petition being Crl.M.C. 1609/2008 before this Court which was allowed vide order dated 11th May, 2009 to the extent the order of the Metropolitan Magis