V. MOHAN Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure seeking quashing of summoning order dated 22nd May, 2001 passed by learned Metropolitan Magistrate, New Delhi in complaint case No. 908/2002 titled 'M/s. Duet Trading Co. Pvt. Ltd. Vs. M/s. Reinz Talbros Ltd. & Ors, whereby the petitioner was also summoned to stand trial for the offence under Section 138 of the Negotiable Instruments Act (for short N.I.Act).

(2.) BRIEFLY stated, allegations in the complaint are that a cheque No. 617453 dated 16th March, 2001 for Rs. 4,88,849.00 drawn on Bank of Baroda, New Delhi was issued by the accused company M/s Reinz Talbros Ltd. in favour of the complainant in discharge of its existing liability. The cheque, on presentation, was dishonoured for the reason Exceeds arrangements as per the cheque return memo dated 30th March, 2001. The complainant therefore served a legal notice for demand on the accused company. Accused company failed to pay the cheque amount within stipulated time. This led to filing of the complaint under Section 138/141, N.I.Act against the accused company and others including the petitioner.

(3.) ON 9th February, 2011, the matter was adjourned on the request of learned counsel for the respondent No. 2 and he was granted time to file reply to the petition within four weeks. Respondent No. 2 has failed to file any reply and he has also failed to put in appearance either in person or through counsel even on the second call. Thus, I am left with no alternative but to hear the petitioner in absence of respondent No. 2 and decide the petition.