JUDGMENT

Swarana Kanta Sharma, J.

1. The petitioners have preferred the present petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C') for setting aside the summoning order dated 10.05.2018, passed by learned Metropolitan Magistrate-02, Patiala House Courts, New Delhi in criminal complaint no. 9794/2018, titled as `P. Sampath v. M/s Malar Homes & Others' whereby the petitioners were summoned for the offences punishable under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881.

2. The petitioners herein have been arraigned as accused no. 3 to 5 in the complaint under Section 138 of Negotiable Instruments Act filed by respondent no. 1. Brief facts of the present case, as disclosed from the complaint, are that accused no.2 to 5 had approached the complainant and had requested for grant of a loan of Rs. 70,00,000/- for the purpose of developing the land at Hastinapuram, Chennai. Accordingly, a loan agreement dated 20.03.2014 for Rs. 70,00,000/- was entered into between the complainant and accused no. 1 i.e. M/s. Malar Homes represented by accused no. 2. Subsequently, the accused persons had defaulted in payment of principal amount as well a