RAM LAKHAN SHARMA Vs. SUBHASH CHAND

JUDGEMENT

(1.) The petition has been filed by two of the accused who have been summoned to face trial in Complaint Case no. 37941/2016 filed under Sec. 138 of the Negotiable Instruments Act, 1881 (NI Act for short) by the respondent on the allegations that the cheque bearing no. 134919 of the accused No.1 namely M/s. PMS Buildtech Pvt. Ltd., for a sum of Rs.7,25,734.00 had been dishonoured. The present petitioners, stated to be the directors of accused No.1 company, were arrayed as accused nos. 4 and 6 respectively.

(2.) Mr. Ranjan Kumar, learned counsel for the petitioners submitted that the summoning order was faulty for two reasons. Firstly, the legal notice dtd. 31/5/2016 issued under Ss. 138/141/142 of the NI Act was only sent to accused No.1/M/s. PMS Buildtech Pvt. Ltd, accused no.2/Mr. Shiv Kumar Sharma and accused no.3/Mr. Manoj Kumar Mishra whereas the complaint was filed with the memo of parties showing six accused persons including the two petitioners herein. The Legal Notice has been placed on record as Annexure P-1. Secondly, it was submitted that the petitioners had resigned from the accused No.1 company/M/s. PMS Buildtech Pvt. Ltd. on 1/5/2009 and 1/10/2010 respectively and despite bringing this fact to the notice of the learned Trial Court and moving an appropriate application for the deletion of their names from the array of parties, the learned Trial Court dismissed the same vide the impugned order dtd. 5/9/2019 holding that the matter was one calling for evidence.

(3.) The respondent was duly served but none had appeared on his behalf.