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-dat