JUDGMENT

RAJNISH BHATNAGAR, J.

CRL.M.A. 19003/2023 (exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

CRL.M.A. 19004/2023 (delay of 15 days in refiling the petition)

For the reasons mentioned in the application, delay of 15 days in re-

filing the petition is condoned.

The application stands disposed of.

CRL.M.C. 4993/2023 & CRL.M.A. 19002/2023 (stay)

1. The present petition under Section 482 Cr.P.C has been filed by the petitioners seeking the following reliefs: -

“It is therefore, prayed this Hon'ble Court may kindly quash the proceedings/complaint/order of Cognizance/Order of summoning dated16.03.2023 against the petitioners (the alleged accused of the main complaint) from the Complaint Case No. C.C. N1 ACT- 6887/2022, case titled Strabag Engineers Private Limited Vs.

Dynamic Aura LLP in the interest of justice.”

2. The complainant (respondent no. 2 herein) had instituted a complaint under Section 138 read with Section 142 of Negotiable Instruments Act, 1881 against the present petitioners in respect of non-payment against one dishonoured cheque for the amount of Rs.50,00,000/- issued by petitioners in favour of the respondent no. 2.

3. The Metropolitan Magistrate vide Order dated 16.03.2023 issued summons under Section 138 of Negotiable Instruments Act, 1881 requiring the petitioners to attend the Court.

4. The petitioners feeling aggrieved, filed the present petition invoking jurisdiction of this Court U/s 482 Cr.P.C.

5. It has been mainly argued by the Ld. Counsel for the petitioners that the Ld. Trial Court failed to appreciate that no complaint is made out on the basis of a technically defective legal demand notice as no cause of action arises against the said drawers of cheques. He further submitted that the order of cognizance against the petitioners dated 16.03.2023 is illegal and improper and the same deserves to be quashed owing to non-compliance of statutory provision mentioned under Section l38 (b) read with Section 142 of N.I. Act. Ld. Counsel for the petitioners, in support of his contentions has placed reliance on Pawan Kr. Goel vs. State of UP & Anr. [Criminal Appeal No. 1999 of 2022(arising out of Special Leave Petition (Crl.) No. 1697 of 2020)], Dashrathbhai Trikambhai Patel vs. Hitesh Mahendrabhai Patel &Anr. [Criminal Appeal No. 1497 of 2022] and Mohamad Irfan vs Velukannan [Crl.A.No.94 of 2014].

6. As far as the judgments relied upon by the Ld. Counsel of the petitioners are concerned, there is no dispute with regard to the proposition of law laid down in the said judgments, but with due regard, the same are not applicable to the facts of the present case as perusal of the records of the case shows that all the statutory requirements have been complied with as the cheque in question was presented within its validity period, the cheque got dishonored vide return memo dated 20.08.2022 and subsequently, when the petitioners still failed to make any payments, the legal notice was issued on 25.08.2022. Moreover, as far as the contention of learned counsel for the petitioner that no cause of action arises as a defective legal notice has been issued has no force in it as the petitioner has failed to give any explanation whatsoever as to how the said legal notice was defective and merely stating the same by the petitioner is of no consequence.

7. Now coming to the legal position in this case and taking into consideration the various provisions of Cr.PC which have been discussed in various judgments time and again demonstrate that the Negotiable Instruments Act, provides sufficient opportunity to a person who issues the cheque. Once a cheque is issued by a person, it must be honoured and if it is not honoured, the person is given an opportunity to pay the cheque amount by issuance of a notice and if he still does not pay, he is bound to face the criminal trial and consequences. It is seen in many cases that the petitioners with malafide intention and to prolong the litigation raise