RAJAN MAYOR Vs. PANALPINA WORLD TRANSPORT

JUDGEMENT

(1.) These two petitions under Section 482 of the Code of Criminal Procedure, 1973 have been filed by M/s. Mayor International Ltd., Mr. Rajan Mayor and Mr. C.P. Vohra for setting aside the order dated 25th July, 2006 by which cognizance of offence under Section 138 of Negotiable Instruments Act, 1882 was taken and the Petitioners were summoned to appear in a criminal complaint filed by M/s. Panalpina World Transport (India) Private Limited, the Respondent No. 1 herein.

(2.) Learned Counsel for the Petitioners submits that statutory notice was not issued and served on M/s. Mayor International Limited. The Petitioners have, however, filed a copy of the notice dated 23rd June, 2006 with additional documents filed on 30th September, 2009. The said notice has been addressed to M/s. Mayor International Limited at 39/7 Milestone, Delhi-Jaipur Highway, Sector 35, Gurgaon, which admittedly is a registered address of the said company. In view of the Section 51 of the Companies Act, 1956, I do not think that the summoning order can be quashed in view of the above factual matrix. The notice was sent by registered post. The acknowledgement card or the envelope, containing the letter may have mentioned the name of Mr. C.P. Vohra along with M/s. Mayor International Limited but from the heading of notice itself it is clear that the same was addressed to M/s. Mayor International Limited.

(3.) In the complaint Mr. Rajan Mayor has been described as a Managing Director of M/s. Mayor International Limited. He has also signed the cheque which had bounced and is the subject matter of the criminal proceedings. In these circumstances, I do not see any reason to interfere with the summoning order passed by the trial Court. The petition CRL.M.C. 2233/2007 under Section 482 of the Code of Criminal Procedure, 1973 filed by M/s. Mayor International Limited and Mr. Rajan Mayor is accordingly dismissed.