BINA SHARMA Vs. HDFC BANK LTD

JUDGEMENT

(1.) THIS is a petition filed by the petitioner for quashing the summoning order dated 18. 10. 2006 passed the learned MM, Patiala House Courts in respect of Complaint case No. 615/1 under Section 138 of the Negotiable instruments Act.

(2.) BRIEFLY stated the facts of the case are that the respondent filed a complaint under Section 138 r/w Section 141 of the Negotiable Instruments act alleging therein that the petitioner being the Director of a company known as M/s Vardan Agrotech Pvt. Ltd. Dwarka Vihar, 43 Km Stone, NH1, g T Road, District Sonepat, Haryana had borrowed a sum of Rs. 30 lacs by way of loan. M/s Vardan Agrotech Pvt. Ltd. was made accused No. 2, Dwarka nath, Chairman-cum-Managing Director stood a corporate guarantor to secure the aforesaid facility on the basis of a Board Resolution dated 11. 8. 2005. It is alleged that the said company towards the repayment of the said loan had issued a cheque bearing No. 031079 dated 28. 7. 2006 drawn on Bank of India Branch Sonepat for a sum of Rs. 20,60,000/- in favour of the respondent /bank. However, on presentation, the said cheque was dishonoured on 9th August, 2006 on the ground that the account in question' did not have sufficient funds. A legal notice dated 22. 8. 2006 is purported to have been sent to the Company M/s Vardan Agrotech Pvt. Ltd. its Chairman cum Managing Director Dwarka Nath, Mrs. Indira Sharma and Mrs. Bina sharma, the petitioner herein.

(3.) IT is alleged in the complaint that since no payment was made to liquidate the aforesaid liability despite service of notice, accordingly, the complaint in question was filed against all the aforesaid persons including the petitioner.