DR. SAHIB SINGH AND SONS THROUGH ITS PARTNER, MRS. DEEPA SAHIB SINGH Vs. MGF (INDIA) LIMITED THROUGH ITS AUTHORISED REPRESENTATIVE SH. SANJEEV SHARMA

JUDGEMENT

(1.) This petition for quashing of complaint against the petitioner under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as "the Act") is pending adjudication since 2003.

(2.) Respondent -M G F (India) Limited filed a complaint against the petitioner alleging that five cheques issued by the petitioner to discharge his liability due to hire -purchase agreement were not encashed when presented. It is seen that amount was payable by the petitioner in three years in equated monthly instalment of Rs. 8644/ -. The petitioner had issued post dated cheques for the said purpose. The petitioner had issued three cheques in advance payable in July 1997, July 1998 and July 1999. These were meant for insurance of the vehicle. In July 1998, the petitioner demanded insurance policy from the respondent but it did not reply properly. It is further disclosed that the petitioner -itself had got this vehicle insured.

(3.) Without disclosing these facts and the background, the respondent filed a complaint against the petitioner due to dishonour the cheque, when presented. It is further disclosed that the petitioner had sufficient balance on the day when these cheques were presented for payment but the same were not honoured on account of the instructions of "stop payment" issued by the petitioner. The petitioner when summoned, filed an application for discharge but the same was not decided due to non -appearance of the respondent - complainant. Alleging that this complaint was filed only to harass the petitioner, this petition is filed for quashing of the complaint and the subsequent proceedings.