VIJENDER SINGH Vs. EICHER MOTORS LIMITED

JUDGEMENT

(1.) By way of present petition under Section 482 of the Code of Criminal Procedure Petitioner seeks quashing of complaint case No. 1186/2010 (Old No. 1368/2007) pending in the court of Metropolitan Magistrate, Delhi.

(2.) Briefly stated facts of the case are that the Respondent No. 1 has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as "the Act?) against the Petitioner in the court of Metropolitan Magistrate, Karkardooma Courts, New Delhi. It appears that after filing of the complaint "VE Commercial Vehicles Limited" has purchased commercial vehicle business of Respondent No. 1. On an application filed by "VE Commercial Vehicles Limited", it has been substituted as complainant in place of Respondent No. 1 vide order dated 18th March, 2010 passed by the Metropolitan Magistrate.

(3.) After recording pre-summoning evidence, Metropolitan Magistrate, vide order dated 23rd April, 2010, has summoned the Petitioner for the offence under Section 138 of the Act. Notice has been served on the Petitioner on 20th October, 2010 to which he has pleaded not guilty and claimed trial. Trial is in progress. At this stage, Petitioner has filed the present petition.