RENAISSANCE FURNITURE PVT. LTD. Vs. HONEY JOLLY

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure has been filed for quashing complaint dated 4.2.2003 filed by respondent No. 1 against the petitioners for offence under Section 138 read with Section 141 of the Negotiable Instruments Act and the order dated 10.4.2003 summoning the petitioners.

(2.) I have heard Mr. A.S. Chandihok, Sr. Advocate, learned counsel for the petitioners and Mr. Tarun Rana, Advocate -learned counsel for respondent No. 1 and have gone through the impugned order and the lower court record.

(3.) AS against this learned counsel for the respondent No. 1 (complainant) has emphatically submitted that the complainant herself was present in the court and that the complaint is in her name in whose favour the cheque was issued and is not in the name of the attorney and that in the title itself it has been clarified that Mr. Sabestian is the authorized representative. Once the cheque is given there is a presumption against the accused and it is for the accused to rebut the presumption at the appropriate stage of the case.