ASIF ANSARI Vs. AMAN FEED INDUSTRIES

JUDGEMENT

(1.) This is a petition filed under Sec. 482 of Cr.P.C. for quashing of impugned Complaint No.NACT/119/2020 dtd. 4/3/2020 titled as M/s Aman Feed Industries Vs. Asif Ansari under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act of 1881") as also the impugned summoning order dtd. 3/3/2021 (Annexure P-4), vide the petitioner has been summoned under Sec. 138oftheActofl881.

(2.) The respondent had filed a complaint under Sec. 138 of the Act of 1881 against the present petitioner on the allegation that the complainant was doing the business of selling cattle feed and the petitioner purchased the cattle feed from the complainant on different dates through various bills and the total outstanding amount of Rs.7,88,563.00 was due towards the accused/petitioner, for which cheque dtd. 7/1/2020 amounting to Rs.7,88,563.00 drawn on Axis Bank, Branch Aonla, Bareilly, was issued in favour of the complainant from the account of the petitioner bearing No.916020085232981 and when the said cheque was presented, the same was dishonoured with the remarks "Account closed" and after the legal notice was served and reply dtd. 1/2/2020 was received and the money was not paid in spite of the same, the complaint under Sec. 138 of the Act of 1881 was filed.

(3.) The Judicial Magistrate 1st Class, Khanna, vide order dtd. 3/3/2021 (Annexure P-4) had passed the impugned order summoning the petitioner in the said complaint under Sec. 138 of the Act of 1881.