MINAKSHI GOYAL Vs. S K SHARMA

JUDGEMENT

(1.) IN this petition prayer made is for quashing of complaint under section 138 of the Negotiable Instruments Act and the order summoning the petitioner. Notice was issued to the respondent on the basis of statement given by the counsel for the petitioner that a cheque for an amount of Rs. 4,000/- accepted and got encashed by respondent and the remaining amount was tendered but the respondent was not available. Personal appearance of the petitioner was also exempted. On 1. 12. 1995 the respondent had not been served and therefore, petitioner was directed to serve the respondent by taking dasti summons failing which interim order was liable to be vacated. On the next date of hearing, i. e. on 17. 1. 1996, neither the notice had been served nor counsel was present on behalf of the petitioner and therefore, interim order dated 24. 8. 1995 was vacated and the case was adjourned for arguments for 15. 02. 1996 i. e. today.

(2.) AFTER hearing the counsel for the petitioner and on going through the complaint and also the order summoning the petitioner, I am of the view that no case is made out for quashing of the complaint and the order summoning the petitioner. If the petitioner has paid a sum of Rs. 4,000/- towards the past payment of the cheque, he is always at liberty to show it to the Court, where the complaint is pending. This petition is dismissed. Petition dismissed.