KAMANA GUPTA Vs. NCT OF DELHI

JUDGEMENT

(1.) Admit. This revision petition under section 397/ 401 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the order dated 29.8.1997. Passed by Ms. Indermeet Kaur Kochar, Additional Sessions Judge, New Delhi summoning the petitioner as an accused in the case under Section 138 of Negotiable Instruments Act, 1881 (for short N1 Act).

(2.) Brief facts are : that M/s. Saksham Financial Services (respondent no. 2) filed a complaint under section 138 of NI Act against Mr. Ashok Gupta, (Accused No. 1) and M/s. Intex India through its proprietor Smt. Kamana Gupta (petitoner) alleging that they owed to the complainant company Rs. 2,91,469.41; that Ashok Kumar Gupta issued a cheque no. 169059 dated 21.12.95 for Rs. 2,50,000/- drawn on the Canara Bank, Pitam Pura, Delhi towards part- payment of the dues : that the said cheque was dishonoured on the ground of insufficiency of funds and despite legal notice dated 10th January, 1996 cheque amount was not paid within the statutory period of limitation. After pre-summoning evidence the court of Sh. O.P. Gupta, MM, New Delhi on 14.2.97 summoned accused no. 1 Ashok Gupta and dismissed the complaint against the petitioner. The order reads 14.02.97 present: Sh. H.R. Gulani, Director of complainant with counsel Sh.DalipSingh,Adv.

(3.) Heard on summoning. From the material on record, there are sufficient grounds to proceed further u/s. 138 N1 Act against accused No. 1. He be summoned on PF/RC for 25.4.97. However, accused no. 2 is nothing but proprietary concern of accused no 1. The same has no independent entity and cannot be proceeded against. The complaint against accused no. 2 is dismissed.