J U D G M E N T

1. The present petition is filed under section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) to set aside the summoning order dated 06.03.2019 passed by the Court of Ms. Kadambari Awasthi, MM-04 (North), Rohini Courts, Delhi in Complaint bearing no 705/2019 titled as M/s Maple Technologies Ltd. V M/s Topline Buildtech Pvt. Ltd. & others under section 138 of Negotiable Instruments Act, 1881 (hereinafter referred as “NI Act”) along with consequential proceedings.

2. The respondent no.2/complainant filed the present complaint by alleging that the petitioner no 1 is a company incorporated under the Companies Act, 1956. The petitioner no 2 is the Managing Director of the petitioner no 1. The petitioner no 3 is the Vice President of the petitioner no.1 and also one of the signatory of the cheques subject matter of present Complaint. The petitioners no 2 and 3 are in charge of and responsible for the day to day affairs for the petitioner no 1.

2.1 The petitioners approached the respondent no 2 for advancing loan for the purpose of urgent business requirements and assured the respondent no 2 to repay loan amount and proposed to issue post-dated cheques as security /guarantee. The respondent no.2 advanced loan amounting to Rs.5,00,00,000/- ( five Crores only) to the petitioner no 1 through RTGS on various dates i.e. Rs.1,00,00,000/- (one crore) on 11.10.2012, Rs.50,00,000/- (fifty lakhs) on 18.10.2012, Rs.50,00,000/- (fifty lakhs) on 29,10,2012, Rs.50,00,000/- (fifty lakhs) on 3.11.2012, Rs.50,00,000/- (fifty lakhs) on 10.11.2012, Rs.50,00,000/- (fifty lakhs) on 21.11.2012, Rs.50,00,000/- (fifty lakhs) on 15.12.2012, Rs.50,00,000/- (fifty lakhs) on 21.12.2012, Rs.28,00,000/- (twenty eight lakhs) on 2.1.2013 and Rs.22,00,000/- (twenty two lakhs) on 4.1.2013 through the bank account of the respondent no 2 operational in Indian Overseas Bank, Prashant Vihar, Rohini, Delhi. The petitioner no 1 issued post-dated cheques towards return of the loan amount and as a guarantee / security of the loan including cheques bearing no 997638 amounting to Rs.1,00,00,000/- and bearing no 997639 amounting to Rs.70,00,000/- drawn on State Bank of India, Bhikaji Cama Place branch.

New Delhi, 2.2 The respondent no.2/complainant filed the present complaint against the petitioners under section 138 read with section 141 of NI Act on the basis of two post-dated cheques bearing no 997638 amounting to Rs.1,00,00,000/- and 997639 amounting to Rs.70,00,000/- dated 20.12.2018 given by the petitioner no.1 towards part discharge liability and these cheques were got dishonoured when presented for encashment on the ground of “Payment Stopped by Drawer” vide Cheque Returning Memos dated 31.12.2018. The petitioners did not pay the cheque amount despite the notice dated 01.01.2019. Hence, the respondent no.2 filed the complaint under section

138 of NI Act.

3. The court of Ms. Kadambari Awasthi, MM-04 (North), Rohini Court, Delhi vide order dated 06.03.2019 took cognizance for the offence punishable under section 138 of NI Act and accordingly summoned the petitioners. The order dated 06.03.2019 reads as under:

It is prima facie clear that the cheques in question have dishonoured due to 'payment stopped by drawer' in the bank account of the accused and the accused has failed to pay the cheque amount despite service of the statutory notice. From the perusal of complaint, affidavit in evidence and documents filed on record I am satisfied that prima facie case u/s 138 of the Negotiable Instrument Act has been made out against the accused.

Accordingly, I take cognizance of the offense.

Affidavit in chief tendered. Documents exhibited. Vide separate statement, Pre summoning evidence is closed.

Arguments on summoning of accused heard. Record Perused.

Issue summons to all the accused persons on filing of PF/RC/SP alongwith copy of complaint within seven days from today, returnable on 28.06.2019. Affixation be done as per law.

As per the guid