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Judgment
Defect(s) as pointed out by the office is ignored. Heard learned counsel for the parties through video conferencing. They have no complain with respect to the audio and video clarity and quality.
In this application, petitioner has challenged the order taking cognizance dated 9.8.2019 by which cognizance of offence under Section 138 of NI Act has been taken against the petitioner and thereafter summons have been issued.
Counsel for the petitioner submits that there was no legal dues as such the cognizance of offence is absolutely bad. He submits that in fact no material was supplied as per the agreement,that is the reason the petitioner has stopped payment. Since the material was not supplied, there was no question of any payment so section 138 NI Act will not be attracted.
I have gone through the complaint petition itself. In the complaint petition it has been alleged that the materials i.e LPG, Gas stove, Hosepipe, Gas Lighter, Trolley etc. have been supplied to the petitioner and in discharge, two cheques were issued in favour of the complainant but the Cheque No. 691900 dated 30.5.2019 amounting to Rs.2,00,000/- got dishonoured for the reasons that payment was stopped by the drawer. Statutory notices were sent but the amount was not paid. The aforesaid allegation definitely makes out an offence. Whether the materials were supplied to the petitioner or not is a subject matter of trial. Without evidence it cannot be concluded on the facts as submitted by the petitioner.
Since an offence is made out against the petitioner under Section 138 NI Act which apparent from the perusal of the complaint petition, I am not inclined to interfere with the impugned order dated 9.8.19 by which cognizance has been taken and summons have been issued .
Accordingly, this application stands dismissed.