GULSHAN LAKHINA Vs. VARDHMAN TEXTILES MILLS LTD.

JUDGEMENT

(1.) THIS petition was got dismissed as withdrawn qua petitioner No. 2 vide order dated 25.4.2011. Petitioner No. 1 has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the complaint No. 384 of 2009/486 of 2011 (Annexure P-1) titled as M/s Veer Vardhman Textiles Ltd. Versus M/s Sangeeta Yarns and others under Section 138, 141, 142 of Negotiable Instruments Act, 1881 ('Act' for short), summoning order dated 18.11.2009 and all the consequential proceedings arising therefrom.

(2.) IN the present case, respondent No.1 filed the complaint in question against the petitioner and others with regard to dishonour of cheque in question. The case of the complainant, in brief, is that when the cheque in question was presented for encashment, the same was returned back by the bank with the re marks "Exceeds Arrangement". After recording of preliminary evidence led by the complainant, all the accused were ordered to be summoned vide the impugned summoning order to face the trial qua commission of offence punishable under Section 138 of the Act.

(3.) NONE has appeared on behalf of respondent No.l despite service.