R.K. KARKARA Vs. BHUSHAN AGGARWAL

JUDGEMENT

(1.) This is a petition under Section 482 Code of Criminal Procedure for quashing the criminal complaint No. 325 dated 05.12.2003 under Section 138 of the Negotiable Instrument Act read with Section 420 IPC and summoning order dated 10.02.2004 under Section 138 of the Negotiable Instrument Act passed by Judicial Magistrate Ist Class, Ludhiana and subsequent proceeding arising there from qua the Petitioners.

(2.) Brief facts of the case are that Bhushan Aggarwal filed complaint under Section 138 of the Negotiable Instrument Act read with Section 420 IPC in the Court of Illaqa Magistrate on 05.12.2003 against Sigma Diagnostics Limited through its Managing Director Dr. Amardeep Singh, Dr. Sumita Singh, Dr. R.K. Karkara-Petitioner No. 1, Dr. B.S. Sekhon-Petitioner No. 2, Dr. Bhupinder Singh-Petitioner No. 3 and Manjit Singh-Petitioner No. 4.

(3.) It was contended that the Petitioners have not issued the cheque to the complainant nor they are directors of Sigma Diagnostics Limited. They have nothing to do with the said Company. It was further contended that the said cheque was neither signed by them nor issued by them. They are neither directors nor partners nor employees of the said firm. It was further stated that the cheque was only issued by one Dr. Amardeep Singh, who was one of the Director of Sigma Diagnostics Limited.