RAJEEV RANJAN SINHA Vs. SUSHIL KUMAR SAXENA

JUDGEMENT

(1.) By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 the petitioner seeks quashing of impugned order dated 21.7.2012 passed by learned Metropolitan Magistrate. Patiala House Courts, New Delhi whereby the petitioner was summoned for the offence punishable under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 in Complaint Case No.323/1/2012 titled as 'Sushil Kumar Saxena v. M/s. Dream Scan Pvt. Ltd.'

(2.) Learned counsel for the petitioner submits that the cheque in question was not issued towards any debt or liability and the complainant had used stolen cheque. The petitioner had resigned on 27.1.2012. According to learned counsel for the petitioner, the provisions of Section 138/142 of the Negotiable Instruments Act are not attracted.

(3.) Learned counsel for both the parties has informed that notice under Section 251 of the Cr.P.C. in the complaint has not been given and hearing on framing of notice is yet to take place.