VINAY KUMAR ALIAS VINAY KUMAR KEDIA Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 of the code of Criminal Procedure has been filed by the petitioner Vinay Kumar Kedia seeking his discharge in Criminal Complaint No. 10165-01-04 dated 04. 12. 1999 titled "times guarantee Limited Vs. Kedia Distilleries Limited and Others" pending in the Court of Mr. Vikas dhull, Metropolitan Magistrate, New Delhi for the offences under Section 138 of the negotiable Instruments Act, 1881.

(2.) THE brief facts leading to the filing of the present petition are that the respondent no. 2-complainant Instituted the aforesaid criminal complaint against the petitioner and seven others, alleging therein that the complainant is a Company engaged in the business of financing, and the accused No. 1, i. e. , Kedia distilleries Limited had approached the complainant with a proposal for grant of lease facility, resulting in the execution of a lease agreement dated 30. 09. 1994 between them. It is further alleged that in order to fulfil the contractual obligation, i. e. , payment of installments under the lease agreement, the accuseds (sic) issued cheque No. 877979 dated 30. 09. 1999 for Rs. 42,987/- drawn on the state Bank of India, Government Colony, bandra East, Mumbai Branch, which on presentation was returned vide Cheque returning Memo dated 18. 10. 1999 with the remarks "account CLOSED AND transferred". Thereupon, allegedly the complainant is stated to have addressed to the accuseds (sic) a legal notice dated 26. 10. 1999 sent through registered acknowledgment due post, calling upon them to pay the complainant the cheque amount together with future interest and notice charges.

(3.) ON the basis of the aforementioned complaint, the petitioner was summoned by the learned Metropolitan Magistrate, New Delhi on 05. 11. 2001 and on 21. 03. 2005 non-bailable warrants were ordered to be issued against the petitioner and thereafter process under Sections 82/83 Cr. P. C. , though no process/summons/warrants were in fact ever served upon him directing his presence.