GURJEET SINGH SETHI Vs. INTEC CAPITAL LIMITED

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 of Cr.PC. seeking quashing of complaint bearing NACT No. 29481 of 2018 titled as 'M/s Intec Capital Limited vs. Guijeet Singh Sethi', filed under Sec. 138 of Negotiable Instruments Act, 1881 (for short 'NI Act') which is pending before the Court of Judicial Magistrate First Class, Gurugram and the order dtd. 13/10/2019 (Annexure P-2) whereby the present petitioner had been ordered to be summoned as an accused and had been called upon to appear and to face trial for commission of aforementioned offence.

(2.) Brief facts of the case relevant for the purpose of disposal of present petition are that the aforementioned complaint has been filed by the respondent, who is non-banking finance company, on the allegations that one Surjeet Singh Sethi had approached it for grant of loan and had accepted documents in lieu thereof. Loan facility was provided to him. The present petitioner had stood guarantor for him. In order to discharge a part of his liability towards the total outstanding amount, the petitioner issued a cheuqe for a sum of Rs.26,82,665.00 in favour of the respondent. The said cheque had been dishonoured on presentation. Statutory notice was issued against the petitioner. He failed to pay the amount of cheque in question, thereby compelling the respondent to file the aforementioned complaint.

(3.) On considering the preliminary evidence produced by the respondent, the learned trial Magistrate, vide impugned order dtd. 13/10/2019, summoned the petitioner to face trial for commission of offence punishable under Sec. 138 of the N. I. Act. The petitioner has prayed for quashing of the complaint as well as the summoning order by filing the present petition.