SANJAY BANAIK Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure 1973 ( Crpc ) seeking the quashing of Criminal Complaint No. 521/01 titled M/s. B. K. Embroidery v. M/s. Right Channel Resources and Anr under Section 138 read with section 142 of the Negotiable Instruments Act 1888 (NI Act) pending in the court of the learned Metropolitan Magistrate ( MM ), New Delhi and all proceedings consequential thereto.

(2.) THIS Court has heard Mr. Narender Vashishta, learned Advocate for the petitioner. Despite service none appeared for the Respondent No. 2 complainant.

(3.) THE case of the complainant M/s. B. K. Embroidery is that it rendered embroidery services to accused No. 1 M/s. Right Channel Resources of which the accused No. 2 Sanjay Banaik is the Proprietor. In discharge of its liability for the services rendered, the accused issued Cheque No. 052863 dated 11th March 2004 for a sum of Rs. 50,000 in favour of the complainant. The cheque when presented for payment was dishonored on the ground of insufficient funds. According to the complainant the accused when contacted asked the cheque to be re-presented assuring that this time it would be honoured. However, it was again dishonoured for the same reason on 25th May 2004 Thereafter the other legal formalities were completed and the aforementioned complaint was filed. Interestingly, accused No. 3 in the complaint was described as follows: 3. Cheque No. 52863 Signatory of M/s. Right Channel Resources, B-6/1 Okhla industrial Area, Phase-II, New Delhi 110020 through its Proprietor Mr. Sanjay vinayak.