PG MICRO SYSTEM PRIVATE LTD. Vs. SOFTECH COMPUTERS

JUDGEMENT

(1.) By way of this petition filed under Sec. 482 Cr.P.C., petitioner prays to quash the order dtd. 16/8/2023 (Annexure P.14) passed by learned Judicial Magistrate Ist Class, Gurugram in complaint case No.NACT/6528 dtd. 25/5/2016, whereby the application moved by the petitioner, to adjourn the matter sine die or to dismiss the complaint, was dismissed. Under challenge is also the order dtd. 18/10/2023 (Annexure P.15) passed by learned Additional Sessions Judge, Gurugram, whereby revision preferred against order dtd. 16/8/2023 (Annexure P.14), was dismissed.

(2.) As it emerges, respondent - Softech Computers, filed a complaint before Judicial Magistrate Ist Class, Gurugram seeking prosecution of the accused M/s PG Micro System Private Ltd. (present petitioner) under Sec. 138 and 141 of the Negotiable Instruments Act (for short, 'the NI Act ') regarding dishonour of a cheque for an amount of ?28,00,092/-. Accused pleaded not guilty. Trial commenced.

(3.) It was claimed by the petitioner - accused that cheque in question had not been issued by him for discharging any liability and that the said cheque was neither signed by him nor was in his handwriting. This stand was also reiterated in the statement under Sec. 313 Cr.P.C. In its defence, the accused - petitioner - Company also got examined the cheque by an expert to support the stand. Complainant - respondent sought an opportunity to allow the examination of Handwriting by an Expert. Trial Court decided to send the cheque and the admitted signatures of the accused for comparison by RFSL, Bhondsi, Gurugram. However, the original cheque carrying the disputed signatures of the accused was lost in transit before forensic examination could be conducted by RFSL, Bhondsi, Gurugram. Petitioner - accused then moved an application, either to dismiss the complaint or to adjourn the case sine die, until the cheque in question is traced.