DHEERAJ JAIN Vs. STATE

JUDGEMENT

(1.) By the present petition, the Petitioner seeks quashing of the order dated 26 th October, 2010 summoning the Petitioner for offence punishable under Section 138 of the Negotiable Instruments Act, 1881(in short the NI Act) and the consequential proceedings in Complaint Case No. 612/1A/11 titled as Tarachand vs. Dheeraj Jain pending in the Court of Metropolitan Magistrate, Saket.

(2.) Learned counsel for the Petitioner inter alia urges that the order of summoning and the consequential proceedings against the Petitioner are required to be quashed on the ground that legal notice was given beyond 30 days of the knowledge of dishonor of the cheque. Secondly, the complaint has been filed against the Petitioner individually though the cheque has been issued on behalf of the company and thus in the absence of the company being impleaded, the Petitioner could not have been vicariously held liable and thirdly the Court at Delhi has no territorial jurisdiction to try the complaint.

(3.) During the course of arguments, the scope of the present petition was confined only to the first ground that the legal notice for demand was not issued by the Complainant within 30 days of the knowledge of dishonor of the cheque.