ANKUSH ARORA Vs. RACHNA SAREES

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 Cr.P.C., the petitioner seeks to assail the summoning order dtd. 24/2/2020 passed by learned M.M. in Complaint Case No. 1538/2020 initiated under Sec. 138 read with Sec. 142 of the Negotiable Instrument Act, 1881 (for short, the 'NI Act').

(2.) Facts, as available from the records, are that the parties were having business relations since April, 2017. It was further claimed that from time to time, respondent No.1/Rachna Sarees supplied fabric clothes to Manglam Embroideries Pvt. Ltd./accused company on credit basis. Subsequently, to repay the dues of Rs.8.00 lacs, eight cheques for Rs.1.00 lac each were issued. However, on presentation, the cheques were returned dishonoured with the remarks 'funds insufficient' vide return memo dtd. 9/12/2019. Subsequently, a demand notice was issued to the petitioner as well as the accused company, however upon their failure to discharge the liability, the subject complaint came to be filed.

(3.) Present petition is premised on the ground that though in the criminal complaint, respondent has impleaded the petitioner as Director of the accused company, however, the petitioner is neither the director nor the authorised signatory of the accused company. Consequently, the petitioner has denied having any vicarious liability to make any payment.