MEERA GUPTA Vs. GOVT OF NCTD

JUDGEMENT

(1.) Present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India for setting aside the order dated 1st February, 2012 passed by the Metropolitan Magistrate, Karkardooma Courts, New Delhi as well as for quashing of the complaint filed under Section 138 of Negotiable Instruments Act, 1881 (for short "NI Act?).

(2.) Mr. R. Rajappan, learned counsel for the petitioners states that the present case is not covered under Section 138 of NI Act as neither the alleged cheques were drawn on any account maintained by the company nor the same were dishonoured on account of "insufficient funds? or "exceeding the amount arranged for?. He further states that though the present petitioners are the Directors of the company, but they are not authorized to sign cheques. He also states that there is no averment against the petitioners in the complaint. In this connection, he relies upon the judgment of the Supreme Court in S.M.S. Pharmaceuticals Ltd. Vs. Neeta Bhalla & Anr., 2005 8 AD(SC) 107.

(3.) Having heard the learned counsel for petitioners and having perused the complaint, this Court is of the view that the issues raised in the present petition are purely factual and the petitioners? versions cannot be accepted at this stage. For instance, the fact that the petitioners are not authorised to sign the cheques, has to be proved by them in trial.