CHARANJEET VERMA AERO CLUB Vs. STATE OF DELHI

JUDGEMENT

(1.) Mr.Justice S.Ravindra Bhat These revision petitions impugn a summoning order of the learned magistrate, Delhi, dated 11-5-2005, in so far as it did not include Sections 409, 420 IPC, and Section 138, Negotiable Instruments Act, 1881.

(2.) The brief facts are that the petitioner filed complaints under Section 409/420 IPC and Section 138 of Negotiable Instrument Act. The petitioner is a manufacturer of leather goods, shoes and accessories having trade mark of "Woodland". It appoints various distributors amongst it Mrs. Varsha Gandhi, sole Proprietor of M/s. Parth Associates applied for distributorship; that facility was granted and M/s. Parth Associates, was appointed by the petitioner, as distributor on 18.02.98.

(3.) It is alleged that the accused Ms. Varsha Gandhi gave to the petitioner firm six cheques in April and May 1998, total amounting to Rs.17,76,294.32/-; the cheques, on presentation to the Bank were dishonored on the ground of insufficient funds. It is further alleged that the said second respondent thereafter issued 18 cheques for Rs. 5 lakhs each, aggregating to Rs.90 lakhs, in discharge of outstanding liabilities, i.e of Rs.92,93,131.32 with assurance that they would be honoured by the banker on presentation. It was alleged that the petitioner presented the first cheque bearing No.303519 dated 24.10.98 of Rs.5 lakh drawn on Punjab National Bank, through his Banker, Dena Bank. It was dishonoured and returned with the remark "account closed" by the Bank. The other cheques were not presented.