EXPORTS INDIA AND ANOTHER Vs. STATE AND ANOTHER

JUDGEMENT

(1.) M /s. Surbhi Wears Pvt. Ltd. (respondent No. 2 herein) has filed complaint under Sections 138/141/142 of the Negotiable Instruments Act against the petitioner herein. In the said complaint summoning orders have been passed by the learned MM and challenging these summoning orders, present petition is filed by the petitioners. The complaint is founded on the dishonour of cheque bearing No. 154832 drawn on Dena Bank, Bhowanipore, Calcutta.

(2.) IN this petition filed by the petitioners, summoning order is challenged. It is stated that there was an Agency Agreement entered into between M/s. Bumpi Udyog and M/s. Exports India whereby M/s. Exports India (petitioner No. 1 herein) was appointed as agent of M/s. Bumpi Udyog for the sale of products of M/s. Bumpi Udyog in certain territories specified in the said agreement. As a security of the said agency agreement the petitioner No. 1 had given two blank cheques, including the cheque in question as stipulated in para 9 of the said agreement which reads as under :

(3.) ON 26.5.2003 notice was issued to the respondent No. 2/complainant and it was directed that there shall be a stay of proceedings before the trial court. Notice was duly served upon the respondent No. 2 and respondent No. 2 appeared through counsel. However, for last 4-5 dates nobody has been appearing on behalf of respondent No. 2. In these circumstances, I have heard the learned counsel for the petitioner. Trial court record was also summoned which is perused.