ASHWANI DEWAN Vs. STATE

JUDGEMENT

(1.) THE petitioner invokes the inherent jurisdiction of this Court for quashing of a complaint alleging commission of offences under Section 138/141 of Negotiable Instruments Act, (hereinafter 'the Act').

(2.) THE complainant approached the Court alleging, inter alia, that M/s Shamken Multifab Ltd., in the course of its commercial transaction, had issued a post dated cheque; payable after 30.11.04. The cheque, when pre sented, was returned on the ground that he accounts stood closed. Notice under Section 138 was issued to the accused on 9.12.04. Thereafter, the complaint was preferred. The Magistrate issued a summoning order.

(3.) LEARNED counsel for the respondent opposed the petition and submitted that the question as to whether the petitioner had resigned or not would be appropriately seen into in the criminal proceedings and cannot be pre-judged under Section 482. It was also urged that the complaint cannot be characterized as vague since admittedly, the petitioner was the Direc tor.