R K SINHA Vs. STATE

JUDGEMENT

(1.) THE petitioner by virtue of the present petition has prayed for quashing of the complaint case bearing No. 929/02 under Section 138, 141, 142 of Negotiable instruments Act r/w Section 420/34 IPC pending in the Court of Shri Ashutosh kumar, learned MM, Delhi.

(2.) BRIEFLY stated the facts of the case are that respondent no. 2 M/s Moon timesspms filed a complaint under Section 138 read with Section 141 of the negotiable Instruments Act against M/s Anchor Beverages Ltd. a company duly incorporated under the Companies Act and Sh. P. N. Das, Sh. S. D. Tomar, Sh. Ajay Pal singh Tomar, Bibha Das, Sh. R. K. Sinha, Sh. H. K. Karna and Sh. Shyam Sunder Sarogi stating them to be the promoter Directors of the aforesaid company. It was alleged that all these promoter Directors were incharge and responsible for the day to day business of the aforesaid company. It is alleged that the company M/s Anchor Beverages Ltd. had issued a cheque bearing No. 446583 dated 12. 10. 2000 for a sum of Rs. 1,74,938. 40/- drawn on indian Overseas Bank, Darya Ganj, New Delhi in favour of the respondent no. 2/complainant for discharge of its legal debt/liability. However, the said cheque got dishonoured on account of insufficiency of funds. As a consequence of this, the respondent no. 2 is purported to have issued a notice both under postal certificate as well as by registered AD on 24. 11. 2000 to the company M/s anchor Beverages Ltd. Since the payment was not made despite the notice having been sent, the aforesaid complaint came to be filed not only against the company but all its so called promoter Directors.

(3.) THE learned Magistrate after obtaining the statement of Mr. Yatinder Seth, proprietor of M/s Moon Times respondent no. 2 herein by way of an affidavit issued summons against M/s Anchor Beverages Ltd. and its Directors including the petitioner Sh. R. K. Sinha herein. The averments made in the affidavit is nothing but the reproduction of the averments made in the complaint.