JUDGMENT :

Challenge in this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “the Code”) is to an order dated 21.01.2019 passed in Complaint Case No. 8523 of 2018, M/S Tanuk Pharma India Limited Vs. M/S Lords Creative Infra Solutions Pvt. Ltd. and others, by the court of learned IVth Additional Chief Judicial Magistrate, Dehradun, District Dehradun (for short “the Case”). By this impugned order, the petitioners have been summoned under Sections 138 of the Negotiable Instruments Act, 1881 (for short “the Act”).

2. Heard learned counsel for the parties through video conferencing and perused the record.

3. Facts necessary for disposal of the instant petition are as hereunder:-

The respondent no.2 filed a complaint under Section 138 of the Act against the petitioners. According to the complaint, the parties entered into an agreement on 28.09.2016. In pursuance thereof, a cheque amounting to Rs.1 crore was given by the respondent no.2 to the petitioners. When the petitioners did not honour the terms of the agreement, they gave a cheque of Rs.1 crore to the respondent no.2, which on presentation was dishonoured. Notice was given, but the amount of cheque was not