AJEET SINGH THAKUR Vs. SHAKEEL AHMED MALIK

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing the complaint titled 'Shakeel Ahmed Malik vs. Ajeet Singh' filed under section 138 of the Negotiable Instruments Act which is pending before the court of learned Additional Special Mobile Magistrate, Ramban (hereinafter to be referred as trial court) and for quashing the order dated 18.07.2019 by virtue of which, process has been issued against the petitioner.

(2.) Brief facts of the case which are necessary for the disposal of the present petition are that it was stated in the complaint filed by the respondent that the petitioner herein had issued two cheques in favour of respondent in order to discharge the liability accrued to him as rent of the machines hired by him. The cheques bearing Nos. 480835 dated 15.04.2019 amounting Rs. 3,30,000/- and 480834 dated 10.04.2019 amounting Rs. 1,00,000/- respectively were drawn on J&K Bank Ramban from the account maintained by the company namely DSKT Infrastructure Pvt. Ltd. It is stated that when the said cheques were presented for payment on 06.06.2019, the same were dishonoured for the reason 'funds insufficient' vide memos dated 06.06.2019. It is further stated that thereafter, the respondent served statutory notices each dated 24.06.2019 upon the petitioner by virtue of which, the petitioner was called upon for liquidating the amount of the dishonoured cheques. The said notices were not replied by the petitioner herein and the respondent filed complaint under section 138 of Negotiable Instruments Act before the trial court. After filing of the complaint, learned trial court vide order dated 18.07.2019 took cognizance and issued process against the petitioner herein.

(3.) The petitioner has questioned both the criminal proceedings as well as order impugned primarily on the ground that once the account was maintained by the company, the complaint could not have been filed against the Director without arraying the company as a party/accused.