DIN DAYAL KAYAN Vs. SMC GLOBAL SECURITIES LTD

JUDGEMENT

(1.) These four petitions under Section 482 of Code of Criminal Procedure, 1973 are directed against the summoning order dated 23rd April, 2009, taking cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1882 and summoning the petitioner to appear for dishonour of four cheques as per details given below:- <FRM>JUDGEMENT_1443_ILRDLH20_2010Html1.htm</FRM>

(2.) In the petitions it is admitted that there were business dealings between the petitioner and the complainant, the respondent herein and the petitioner was acting as a sub-broker with a terminal of the respondent at the petitioner's address. It is further stated that the parties worked together up to 22nd January, 2008 and thereafter the petitioner stopped working with the respondent-complainant.

(3.) As per the complaint, the aforesaid cheques were presented for encashment and were returned back dishonoured without payment. Thereafter, legal notice was issued. It is not stated in the petitions whether any reply was sent to the legal notice. As per the counsel appearing for the respondent no reply to the legal notice was received.