The supplier challenged the order of the Additional Sessions Judge in a petition under Section 482 of the Code before the High Court.
In respect of these purchase orders, the purchasers also issued two post dated cheques dated 15.03.2007 for a sum of Rs.34,57,164/ and 20.03.2007 for a sum of Rs.15,91,820/ .
The purchasers challenged the order issuing summons in a revision petition under Section 397 of the Code of Criminal Procedure, 1973 for short, Code .
These cheques got dishonoured when they were presented on the ground that the purchasers had stopped payment.
Thereafter, on 12.04.2007, the supplier sent a numberice to the purchasers and then filed a companyplaint against the purchasers under Section 138 of the N.I. Act before the Court of Additional Chief Metropolitan Magistrate, New Delhi.
It is number in dispute that the supplier received letter dated 22.03.2007 from the purchasers cancelling the purchase orders and requesting the supplier to return both the cheques.
The Additional Sessions Judge, after hearing the parties, allowed the revision petition vide order dated 02.09.2008 and quashed the process issued by the Additional Chief Metropolitan Magistrate.
On 22.05.2007, the companycerned Additional Chief Metropolitan Magistrate took companynizance of the alleged offence and issued summons to the purchasers.
Ltd. hereinafter referred to as supplier .
M. LODHA, J. Leave granted.
The supplier sent response to the letter dated 22.03.2007 on 23.03.2007 asking the purchasers as to when the supplier companyld companylect the payment.
The Delhi High Court in the impugned order has held that to be so.
of funds in the account.
The supplier says that the advance payment was made by the purchasers as it had to procure the parts from abroad.
The brief facts are these On 19.02.2007 and 26.02.2007, the purchasers placed two purchase orders for supply of certain aircraft parts with respondent No.1, M s. Magnum Aviation Pvt.
One of the terms and companyditions of the companytract was that the entire payment would be given to the supplier in advance.
The said cheques were issued by way of advance payment for the purchase orders.
