1. By the present petition the petitioner seeks quashing of complaint case No. 2009/1 titled as “M/s. Silvermount Vs. Mrs. Rani Kapoor” wherein the petitioner has been summoned as an accused for offence punishable under Section 138 of the Negotiable Instruments Act, 1981 (in short the NI Act) by the learned Metropolitan Magistrate (West), Tis Hazari, Delhi.

2. Allegations in the complaint filed by the respondent are that it is a partnership firm carrying on business of building construction and had entered into a collaboration agreement with the petitioner for reconstruction of property No. 4/16, West Patel Nagar, New Delhi admeasuring 200 sq. yds. approximately. As per the collaboration agreement, the respondent paid a sum of Rs. 25 lakhs as earnest money to the petitioner and the balance amount of Rs. 1.5 crores in two installments. On reconstruction, respondent was entitled to keep the first and second floor with proportionate right in the land underneath whereas the rest of the portion was to continue in the ownership of the petitioner. After execution of the agreement, the petitioner approached the respondent and requested for payment of Rs. 20 lakhs which in any case