PREMJEETSINGH MANMOHANSINGH OBERAI Vs. GIRDHARISINGH GBANGARAMSINGH BISEN

JUDGEMENT

(1.) HEARD Shri Sarda, Advocate, for the applicant and Shri Joshi, Advocate, for respondent no.1.

(2.) NONE present for respondent no.2. This is an application for grant of leave to file appeal against respondent no.1 for the offence under Section 138 of Negotiable Instruments Act.

(3.) THERE is nothing in the affidavit to show that there was any transaction between Swami Auto Deal & respondent no.1 and therefore, respondent no.1 has issued chque in its name. The transaction between the applicant/complainant in respect of respondent no.1 can not be a matter for issue of cheque in the name of proprietor concerned through Swami Auto Deal to invite the liability under Section 138 of N.I.Act, if such cheque is dishonoured, as the consideration needs to be valid consideration infavour of the person in whose favour the cheque is issued.