JUDGMENT :

1. The petitioners are accused in Criminal Complaint No. 3793/2021 along with four others. The petitioners are aggrieved by the order of cognizance and summoning the accused dated 11.11.2021 passed in the aforesaid complaint case by learned Special Metropolitan Magistrate (N.I. Act Cases) No.12, Jaipur Mahanagar-II. The complaint was filed for offences under Section 138 of the Negotiable Instruments Act (in short “N.I. Act) as well as 420 of the IPC by respondent No.2, however cognizance has been taken only for offence under Section 138 of the N.I. Act.

2. As per complaint petition, the complainant Amcur Power Tech Private Ltd. and petitioner M/s Bengal Tools Limited entered into an agreement on 30.5.2015 wherein the complainant company agreed to construct transmission line of electricity as per the requirement of the petitioner company. Out of total Rs. sixteen crore seven lacs seventy two thousand seven hundred sixty eight, the petitioner company paid Rs. thirteen crorer seventy eight lacs thirty one thousand three hundred and seventy two to the complainant for work done. In respect of the remaining amount, after due deliberations between the parties, it was decided that