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The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for brevity "the Code") seeking quashing of complaint No. 2502 dated 28.8.2012 (Annexure P-7) titled "M/s Bibby Financial Services India Private Limited vs. M/s Perfect Narrow Fabrics Private Limited and others" pending in the Court of Judicial Magistrate Ist Class, Gurgaon filed under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act") as well as summoning order dated 28.8.2012 (Annexure P-8) passed by Judicial Magistrate Ist class, Gurgaon vide which the petitioner has been summoned to face trial for the aforesaid offence.

The facts relevant for the disposal of the present petition are that M/s Bibby Financial Services India Private Limited (hereinafter referred to as "the complainant") filed a complaint under Section 138 read with Section 142 of the Act on the allegations that Surinder Jain and Alka Jain directors of M/s Perfect Narrow Fabrics Private Limited, Kolkatta issued 30 cheques, detailed in para 09 of the complaint, total valuing Rs. 4,43,62,977/-, drawn on United Bank of India, Kolkatta and the same were dishonoured on its presentation to the bank through the banker of the complainant namely, Indus Ind Bank Limited, Gurgaon, Haryana vide cheque returned invoice memos dated 19.7.2012 and 23.7.2012 for the reason "Exceeds Arrangement". The accused failed to make payment of the cheque amounts despite receipt of legal notice dated 3.8.2012.