DEEPIKA MALHOTRA & ORS Vs. KANTI LAL JAIN

JUDGEMENT

(1.) The instant petition is being filed to quash the summoning order dated 31.10.2009 and consequent criminal proceedings initiated under Section 200 Cr. P.C. 1973 read with Section 138 read with Section 141/142 of NI Act against the petitioner in the complaint pending in the Saket Court titled as 'Kanti Lal Jain vs. Nitisree Infrastructure Limited and Ors.' The cheque in question bearing no. 414842 dated 27.7.2009 for a sum of Rs.3,48,206/- drawn on Punjab and Sindh Bank, Connaught Circus, New Delhi, which was alleged to be issued by accused no. 1 Company i.e. M/s. Nitishree Infrastructure Limited and the said cheque was alleged to be signed solely by Mr. Anil Jain, Director of accuse no. 1 / company.

(2.) The said cheque was presented by the complainant on 27.07.2009 with his Banker at the Axis Bank, Cittaranjan Park, New Delhi and same was dishonoured by the Banker of the accused with remarks "Exceeds arrangement" on 29.07.2009.

(3.) Another cheque bearing no. 288713 dated 26.08.2009 for Rs.3,48,206 drawn on Noble Cooperative Bank Limited, NOIDA, UP was alleged to be issued in lieu of cheque no. 414842. The said cheque was deposited with the Banker of the Complainant at the Axis Bank, Chittaranjan Park, New Delhi and the same was dishonoured by the Banker of accused with the remarks "Exceeds arrangement" on 28.08.2009.