SHANTI DEVI Vs. BAHUBALI OVERSEAS PVT. LTD.

JUDGEMENT

(1.) Present petition for quashing of criminal complaint bearing Case No. 1104/2014 titled as M/s. Bahubali Oveseas Private Limited v. Sonia Overseas (P) Ltd. etc., under Sections 138 and 142 of the Negotiable Instruments Act and also quashing of summoning order dated 19.12.2014, passed by Judicial Magistrate, 1st Class, Panchkula, whereby the petitioner was summoned to face trial under Section 138 of the Negotiable Instruments Act (hereinafter to be referred as "The Act").

(2.) Relevant facts of the case that complaint under Section 138 of "The Act" was filed by respondent from on the ground that cheque bearing No. 019004 of Rs. 40 lacs was issued by the present petitioner with the assurance that the same would be encashed on presentation. However, the same cheque was returned back with the remarks "Exceeds Arrangement". Legal notice was issued and thereafter complaint was filed. Learned Magistrate passed the order dated 19.12.2014 for summoning of petitioner as an accused.

(3.) Learned counsel for the petitioner submitted the present complaint as well as summoning order dated 19.12.2014 (Annexure P-6) are not maintainable over the petitioner because petitioner Shanti Devi is not a signatory to the cheque. Otherwise she is an old lady of 70 years and not the incharge of the day to day working, business and affairs of M/s. Sonia Oveseas Pvt. Ltd. Hence, no criminal proceedings against the petitioner are maintainable. Otherwise also, summoning order dated 19.12.2014 is extremely sketcy and cryptic and not even a single fact of the present case was noticed or referred rather the same was passed in a routine and mechanical manner without application of any judicious mind.