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TMI Blog2017 (10) TMI 1235X X X X Extracts X X X X X X X X Extracts X X X X ..... for offence punishable under Section 138 of the Negotiable Instruments Act. 2. The brief facts stated are that the respondent- Satyendra Jain had filed a complaint under Section 138 read with Section 141 of the Negotiable Instrument Act, 1881(hereinafter referred to as NI Act) on 30th November, 2010 in the Court of the Additional Chief Metropolitan Magistrate, Saket Courts, New Delhi. It is alleged in the complaint that Mr. Janak Goyal/petitioner no.2, who is the Director of M/s Omway Buildestate Private Limited having its registered office at 3 - Local Shopping Complex, Sharda Chamber, K Block, Kalkaji, New Delhi-110019 and the complainant/respondent were known to each other and in the month of January, 2010 Mr. Janak Goyal/petitioner no.2 requested the complainant/respondent for a loan of Rs. 4,35,00,000/- (Rupees Four Crores Thirty Five Lakhs Only) for a period from 20.01.2010 to 31.05.2010 which was extendable upto 30.09.2010 with interest thereon for the said period, being the last date to re-pay the loan along with interest. Thereupon, the Company/petitioner no.1 i.e. Omway Build estate Private Limited and the complainant/respondent entered into a Loan Agreement dated 20.01. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... summons to the petitioners/accused persons. 7. Subsequently, the petitioners filed an application under Section 309 of Cr.P.C. for adjournment/stay of the proceedings under Section 138 of NI Act. The learned Metropolitan Magistrate dismissed the said application vide order dated 30.03.2015. Hence the present petition. 8. The learned counsel appearing on behalf of the respondent has submitted that the petitioners no.1-3 had obtained a loan of Rs. 4,35,00,000/- (Rupees Four Crores Thirty Five Lakhs Only) from respondent for a short period i.e. January, 2010 to May, 2010 which could be extended upto 30th September, 2010 with interest thereon. The petitioner had also entered into a loan agreement with the respondent on 20.01.2010. 9. He has further submitted that the loan was given by the petitioners through three cheques i.e. Cheque no. 508629 dated 19.01.2010, cheque no. 5555761 dated 20.01.2010. cheque no. 5555763 dated 20.01.2010. The said cheques were encashed by the petitioners. It was agreed that the petitioners will give post dated cheques along with interest. The petitioners issued two cheques in favour of the complainant/respondent. First cheque i.e. cheque no. 504080 dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olitan Magistrate and a cost of Rs. 10,000/- was also imposed upon the petitioners. 13. By way of the present petition, the petitioners have challenged the order dated 30.03.2015 passed by the learned Metropolitan Magistrate, South-East District, Saket Court, New Delhi. The petitioners have also prayed to set aside the summoning order dated 13.12.2010 passed in Criminal Complaint No. 2492/2015 filed by the respondent under Section 138 of N.I. Act. 14. The learned counsel for the complainant/respondent has submitted that the accused Nos. 2 & 3/petitioners No. 2 & 3 are in-charge and responsible for the business of the accused No. 1 /petitioner No. 1 Company and its day to day business. The respondent invoked the provisions of Section 141 of the Negotiable Instruments Act, 1881. The relevant paragraphs of the complaint are reproduced hereunder:- "2. The Accused Nos. 2 and 3 are the Directors of the Accused No. 1 Company (the "Company"), which has its registered office at 3 - LSC, Shahdara Chamber, K Block, Kalkaji, New Delhi- 110019 and are the persons in charge and responsible for the Company's business and its day to day affairs. The Company is in the business of construction an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h, 2015 passed by the Metropolitan Magistrate, Saket District Court, New Delhi in Criminal Complaint No. 2492 of 2015 whereby the application of the petitioners for stay of the proceedings under Section 138 of NI Act was dismissed ; to quash the Criminal Complaint No. 2492 of 2015 and to set aside the order dated 13th December, 2010 passed by the Metropolitan Magistrate by virtue of which the petitioners were summoned as accused for offence punishable under Section 138 of the Negotiable Instruments Act. 22. In the instant petition, the complaint under Section 138 read with Section 141 of the Negotiable Instruments Act was filed pertaining to dishonouring of the two cheques i.e. cheque no. 504080 dated 30.09.2010 of Rs. 4,35,00,000/- (Rupees Four Crores Thirty Five Lakhs Only) and second cheque no. 504081 dated 30.09.2010 of Rs. 97,69,266/- (Rupees Ninety Seven Lakhs Sixty Nine Thousand Two Hundred Sixty Six Only), which were dishonoured vide dishonor memo dated 15.10.2010 in respect of cheque no. 504080 and dishonor memo dated 16.10.2010 in respect to cheque no. 504081 with the remarks "Funds Insufficient". Thereafter, the complainant/respondent issued two legal demand notices dat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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