JUDGMENT

Amit Bansal, J. (Oral)

CRL.M.C. 5081/2018 @RNO=296905.docx

1. The present petition has been filed impugning the order dated 31st July, 2018, passed by the learned Additional Sessions Judge (ASJ), Saket District Courts in Criminal Revision No. 204191/2016.

2. Vide the aforesaid impugned order, the revision petition filed on behalf of the respondent no.1/complainant was allowed and the order dated 22nd January, 2016, passed by the learned Metropolitan Magistrate (MM), Saket District Courts was set aside.

3. Brief facts leading to the present petition are as under: -

a. The accused company, of which the petitioner herein was a director, issued a cheque dated 1st September, 2013, of Rs.13,88,00,000/- drawn on Dena Bank, Mumbai to the respondent no.1. The respondent no.1 presented the said cheque for payment at Syndicate Bank, New Delhi, however, the same was returned by the bank stating that the payment for the cheque has been stopped by the company.

b. Following this, the respondent no.1 filed a complaint before the learned MM in which the petitioner was arrayed as an accused under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) on 11th October, 2013.

c. On 1st August, 2