ANUJ JINDAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present C482 application has been filed by the applicants for quashing the impugned summoning order dtd. 1/5/2019 passed by learned Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar along with entire proceedings of Criminal Case No.1164 of 2019, M/s R.S. Industry Vs. M/s Haryana Rice Mill and another, under Sec. 138 of N.I. Act, 1881, pending before learned Additional Chief Judicial Magistrate, Kashipur, Udham Singh Nagar.

(2.) The facts in brief are that respondent no.2 and accused/applicant had business transactions. Respondent no.2 alleged that he supplied cattle fodder to the tune of ?40,00,000/- to the accused/appellant, who in turn supplied three cheques of which one was of ?10,00,000/-and other two cheques were of ?15,00,000/- each , in lieu of payment for the aforesaid amount. On presenting aforesaid cheques to the bank for payment, the cheques were dishonoured as the payment was stopped by the drawer. Thereafter respondent no.2 served a registered notice dtd. 13/2/2019 to the appellant who paid no heed to it, though it was replied by the applicant denying his liability under cheques in-question. Respondent no.2 filed a complaint under Sec. 138 of N.I. Act resulting in impugned summoning order.

(3.) Learned counsel for the applicants submits that the impugned proceedings are liable to be quashed as single notice/complaint under Sec. 138 of N.I. Act, will not suffice for dishonor of three cheques of different dates.