SAMRIDH SHARMA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Present petition has been filed by the petitioner under Section 482 Cr.P.C., 1973 to challenge the legality and correctness of orders dated 05.03.2016 and 13.12.2013 of learned Metropolitan Magistrate by the application for dropping the proceedings under Section 138 N.I.Act was dismissed.

(2.) I have heard the learned counsel for the parties and have examined the file. Learned counsel for the petitioner urged that the respondent No.2 is a sleeping director and has nothing to do with the issuance of the cheques in question. The petitioner is not the Managing Director as claimed in response to the notice under Section 251 Cr.P.C., 1973 No proceedings can be initiated under Section 138 N.I.Act against him.

(3.) Record reveals that in the Complaint Case No.762/2013 instituted under Section 138 N.I.Act, the petitioner among others was summoned by an order dated 13.12.2013. Notice under Section 251 Cr.P.C., 1973 dated 13.01.2015 has been served upon the petitioner. It is informed that the complainant has examined himself as CW-2 in the proceedings and at present the matter is fixed for recording defence evidence.