DINESH HARIRAM VALECHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Vinay Khare, learned Senior Advocate assisted by Ms. Aarushi Khare, learned counsel for the applicant, Shri Shashidhar Pandey, learned AGA for the State and perused the record.

(2.) The instant application under Sec. 482 CrPC has been filed by the applicant praying to quash the summoning order dtd. 23/10/2019 and the entire proceeding of the Complaint Case No. 06 of 2018 (M/s Joshi Construction v. Valecha Engineering Limited and others), under Sec. 138 of Negotiable Instruments Act, 1881, Police Station- Kotwali, District- Etawah pending before the Court of Additional Chief Judicial Magistrate, Court No.1, Etawah.

(3.) The opposite party no. 2 had a business relation with the applicant, it was in between December, 2014 to July, 2015, where several work orders were placed by Valecha Engineerings Limited (for short 'VEL') for KERB laying and PCC laying. During the course of the business, VEL paid certain amount to opposite party no. 2, however, there was a balance of Rs.7,18,65,987.00 which was to be paid by VEL to opposite party no. 2. In pursuance of this payment, VEL issued a cheque bearing No. 063388 dtd. 11/10/2017 drawn on SBI, Shashtri Chauraha, Etawah for an amount of Rs.6,50,00,000.00 (six crores and fifty lakhs) crores in favour of opposite party no. 2. When the said cheque was presented it was dishonoured on 22/11/2017 with a remark 'insufficient funds' and was sent to the opposite party no. 2 vide return memo dtd. 23/11/2017. After bouncing of the cheque, opposite party no.2 requested VEL to pay the bounced cheque amount when, VEL did not make the said payment, the opposite party no. 2 was constrained to issue a legal notice on 16/12/2017 through its lawyer which was delivered to VEL on 18/12/2017. Even after getting the notice, VEL did not make the payment and hence, the opposite party no.2 was left with no other option but to file a complaint on 8/1/2018 under Sec. 138 of the Negotiable Instruments Act in the Court of Second Judicial Magistrate, Etawah. The Court after being satisfied that the court had jurisdiction and the complaint was within time, fixed 10/4/2018 for statement under Sec. 200 CrPC. After 20 hearings and after a gap of one and a half years, notices were issued on 23/10/2019 against Valecha Engineerings Limited, and other directors, and also against Mr. Shyam M. Bulbule who was the authorised signatory of the cheque (the applicant herein is one of the whole-time Director of the Company). The matter was next listed on 30/11/2019, thereafter, the accused did not appear in the court and the bailable warrant were issued.