GAUTAM NIMANI Vs. S N SUREKHA AND CO

JUDGEMENT

(1.) The present petition is directed against the order passed by the learned Metropolitan Magistrate dismissing the application filed by the petitioner (Gautam Nimani) for recalling the summoning order dated 3ed December, 1997.

(2.) Some of the relevant facts are that the respondent had filed a criminal complaint with respect to the offence punishable under Section 138 Negotiable Instruments Act, 1881. It had been asserted by the respondent/complainant that the respondent/complainant M/s S. N. Surekha & Co. iS a sole proprietorship concern. The petitioner had purchased shares of Rajasthan Spinning and Weaving Mills. Acting on the representation of the petitioner the complainant had agreed to sell the shares. As per rules of Bombay Stock Exchange, the petitioner was under an obligation to clear all the dues of the respondent within a period of 15 days. The respondent/complainant is entitled to recover the outstanding dues with interest at 3% per mensum. It is alleged that cheque for Rs.10 lakh was given by the petitioner which was dishonoured on it being presented. After serving the due notice and there being non payment of the amount the complaint had been filed.

(3.) The learned Metropolitan Magistrate had recorded the statement of two witnesses and thereupon passed the impugned order summoning the petitioner for the above said offence. The petitioner filed an application for recalling the order so passed and vide the impugned order the learned Metropolitan Magistrate dismissed the said application. Hence the present petition.