JUDGMENT

1. The present petition is filed under section 482 Code of Criminal Procedure, 1973 (hereinafter referred to as ―the Code‖) for quashing the criminal complainttitled as Atamjit Singh V Amrit Sandhu Coster & another bearingCC no 6437 of 2017 and the summoning order dated 03.06.2017 (hereinafter referred to as ―the impugned order‖) passed by the court of Ms. Colette Rashmi Kujur, Metropolitan Magistrate-10, South East, Saket (hereinafter referred to as ―the trial court‖)

2. The factual background necessary to mention for disposal of present petition is that the respondent no.2/ complainant (hereinafter referred to as ―the respondent no 2) has filed a complaint under section 138 of the Negotiable Instruments Act, 1881 titled as Atamjit Singh V Amrit Sandhu Coster & another bearing CC No.6437 of 2017 on allegations that the petitioner (arrayed as the accused no 2 in complaint)and her sister namely Amrit Sandhu Coster (arrayed as the accused no 1 in complaint and is petitioner in Crl. M.C. bearing no 556/2019) issued a cheque bearing no. 329623 dated 06.03.2017 amounting to Rs 20,00,000.00 (Rupees Twenty Lacs Only) drawn on Syndicate Bank, Branch West Punjabi Bagh, Central Market, New Delhi-110026 (hereinafter referred to as ―the cheque in question‖) towards discharge the their liability as detailed in complaint. The respondent no 2 presented said cheque for encashment on 06.04.2017 at HDFC Bank, Branch G.K.-l but was dishonored due to “Payment Stopped by Drawer” as intimated vide return memo dated

11.04.2017. The petitioner and Amrit Sandhu Coster did not pay cheque amount despite notice dated 10.05.2017. The respondent being aggrieved filed the present complaint.

3. The trial court vide impugned order summoned the petitioner and Amrit Sandhu Coster. The impugned order is reproduced as under:-

03.06.2017 Present: Complainant .along with Sh. Sanjay Kothiyal, Adv.

Heard. Record perused.

Cognizance of offence u/s 138 Nl Act taken.

PSE has been led by the complainant.

Vide a separate statement of the complainant, PSE has been closed.

Heard on issuance of process.

In view of the submissions made and documents tendered, this Court is satisfied that there is sufficient material on record to proceed against all the accused. Let summons be Issued against all the accused vide PF/RG/AD/Courier returnable on 09.08.2017. Pf be filed within 02 weeks.

4. The petitioner being aggrieved filed the present petition and challenged the impugned order. The petitioner pleaded that the petitioner at present is residing at USA and never had any dealing with the respondent No 2. The petitioner entered into an Assured Return Agreement with M/s Cyberwalk Tech Park Private Limited on

16th September, 2011 for the allotment of super area of 1856 Sq. ft. space bearing unit No 802 on the eighth floor of Eco Tower I in the proposed project without involvement of third party. The petitioner never employed services of the respondent no 2. Amrit Sandhu Coster who is sister of the petitioner intimated her that she had also filed a criminal complaint under section 200 of the Code along with an application under section 156 (3) of the Code on allegation that respondent No 2 had cheated her for an amount of Rs. 40 lacs and the court vide order dated 06.07.2015 directed for registration of FIR and accordingly FIR bearing no 734 of 2015 was registered against the respondent no 2. The proceedings under section 82/83 of the Code were ordered to be issued against the respondent no 2. The respondent no 2 filed an application for grant of anticipatory bail which was dismissed vide order dated 13.04.2017 by the court of Additional Sessions Judge, Saket. The respondent no 2 also filed an application for grant of anticipatory bail application before this Court and vide order dated 12.05.2017 was directed to join investigation and to pay Rs. 15 lacs to Amrit Sandhu Coster. The respondent no 2 also filed a Special Leave Petition bearing no 5202-5203 of 2017 before the Supreme Court