R N SINHA Vs. NISHA JAGATIANI

JUDGEMENT

(1.) THIS petition, under Section 482 of the Code of Criminal procedure (Cr. P. C), seeks the quashing of an order dated 10. 8. 2007 passed by the learned Metropolitan Magistrate (MM), New delhi directing notice to issue to the petitioner under Section 251 Cr. P. C.

(2.) THE aforementioned order was passed by the learned MM in a complaint case titled nisha Jagtiani v. R. N. Sinha under Section 138 of the Negotiable Instruments Act, 1881 (NI Act ). The said complaint was filed in respect of the dishonour of three cheques of rs. 1,00,000 each dated 10th, 15th and 19th march, 2005 respectively issued by the petitioner R. N. Sinha as proprietor Himalaya overseas in favour of the complaint M/s. Ganga Textiles represented by its proprietor Nisha Jagtiani.

(3.) THE cause title of the complaint reflected that the complainant was being represented by Sh. K. K. Bhatnagar, Special power of Attorney (SPA ). In para 1 of the complaint, it was stated that "complainant has duly authorized Sh. K. K. Bhatnagar to present this case and SPA executed in his favour is enclosed herewith".