Suresh Kait JUDGMENT
Suresh Kait, J.
1. Worlds Window Impex (India) Pvt. Limited, incorporated under the provisions of Companies Act, 1956, preferred a complaint against Rathi Steel And Power Limited and its Directors-Mr. Sumit Dass and Mr. Shyam S. Bageshara under Sections 138/141/142 of Negotiable Instruments Act, 1881. The complainant-company is engaged in the business of import and trading of ferrous, non-ferrous metals, precious metals and metal scrap whereas accused-company is a private limited registered company under the provisions of The Companies Act.
2. The complainant has alleged that the accused-company through its Director, petitioner herein, had approached the office of complainant on various occasions for supply of shredded steel scrap as per their business requirement and the material was promptly supplied as per demand. It is alleged that against supply of steel scrap against invoice bearing Nos. 2080000493 and 2080000494 for a sum of Rs. 1,14,62,732.27/- [as per agreed rate of Rs. 23131.80/- MT dated 23.08.2013], payment was to be made immediately after supply of material. A few payments against these invoices were received, however, as per accounts maintained by the complainant-company, an amount of Rs. 80,00,000/- along with interest @24% was shown due towards accused-company as on 08.05.2017.
3. It is alleged that against discharge of afore-noted due payment, the accused-company had issued cheque bearing No. 000531 dated 27.12.2016 for Rs. 80,00,000/-, drawn on Bank of Baroda, branch Gandhi Nagar, Ghaziabad while assuring the complainant-company that the same shall be honoured as and when presented in the bank. However, upon presentation of the cheque, the same was returned by the bank vide Memo dated 27.03.2017 with the remark "Account Blocked". The complainant sent a legal Demand Notice dated 12.04.2017 to the accused company and it was served upon the accused-company and the petitioner on the same day.
4. On 06.05.2017 the complainant received a reply from the accused-company wherein it blatantly refused any liability towards complainant, whereas according to the complainant, the shredded steel scrap was supplied as per the business requirement of accused-company and the cheque in question was issued towards discharge of liability and accused tried to evade the legitimate payments of the complainant. According to the complainant, the cause of action had first arisen on the day of issuance of impugned cheque and further action arose when on presentation of cheque in bank, the same was dishonoured on 27.03.2017 and thereafter, when the accused failed to pay the cheque amount within 15 days of receipt of legal Demand Notice dated 12.04.2017. Hence, the complainant filed a complaint under Sections 138/141/142 of Negotiable Instruments Act, 1881 before the learned trial court for remedies as per law.
5. In the complaint so filed, the learned trial court, after going through the dates and events, evidence and documents on record as well as upon inquiry under Section 202 Cr.P.C., vide order dated 31.08.2017 held that prima facie offence under the Negotiable Instruments Act was made out against the accused and directed summoning of accused-company and its two Directors.
6. Against the aforesaid summoning order dated 31.08.2017, the Directors of the accused company filed application seeking discharge as well as dismissal of complaint before the trial ........