NARESH NAGPAL Vs. SAMIR JASUJA

JUDGEMENT

(1.) On the criminal complaint (no.3132/1/2007) instituted by the respondent, after a preliminary inquiry, the Metropolitan Magistrate by order dated 27.02.2008 summoned the petitioner as accused for offence under Section 138 of the Negotiable Instruments Act, 1881. The present petition invoking the inherent power of this court under Section 482 of the Criminal Procedure Code, 1973 (Cr.PC) was filed seeking quashing of the said order and the proceedings arising out of the criminal complaint, it having been presented in August 2011 on the plea that the knowledge about the issuance of the process was gained only after non-bailable warrants had been issued on 05.02.2011.

(2.) The petition has been resisted by the respondent (complainant).

(3.) The copy of the criminal complaint leading to the summoning order being passed would show that the petitioner had issued a cheque dated 21.09.2007 against his account with Smith Barney Citibank, New Jersey, USA in the sum of US $ 250,000. The cheque was statedly handed over by the petitioner (accused) to the respondent (complainant) at his residence at A-5, Maharani Bagh, New Delhi. It was presented by the complainant to his banker, HDFC Bank, Vasant Vihar, New Delhi on 22.09.2007 but was returned unpaid with remarks "refer to drawer". As per the case of the respondent/complainant, he had issued a notice demanding the payment of the cheque amount but the petitioner (accused) failed to abide by the said demand, this constituting the offence under Section 138 of the Negotiable Instruments Act, 1881.