MAHESH ARORA Vs. NIDHIPATI SINGHANIA

JUDGEMENT

(1.) THIS order will dispose of both the misc. petitions No. 702/97 filed by complainant, Mahesh Arora and No. 614/96 filed by Nidhipati Singhania (accused ).

(2.) MISC. Petition No. 614/1996 was firstly filed by Nidhipati Singhania (accused) u/s. 482 Cr. P. C. seeking relief for quashing the order dated 8. 5. 1996 passed by the Additional Civil Judge (JD) & Judicial Magistrate No. 5, Kota (North) in criminal complaint No. 163/96, whereby the learned trial Magistrate took cognizance against him (accused) of a criminal case launched by complainant Mahesh Arora u/s. 138 of the Negotiable Instruments Act, 1981 on the allegations inter alia that a cheque No. 450079 dated 20. 3. 96 for a sum of Rs. 3766/- drawn on State Bank of India for the payment of supply of lunch packets by complainant Mahesh Arora to Acrylic Division of J. K. Synthetics Ltd. (ATC Group) Kota, had been returned back dishonoured. Admittedly the said cheque was issued and signed by the authorised signatories for JK Synthetics Ltd. Acrylic Division Kota whose Special Executive is Nidhipati Singhania. The cheque was presented by complainant Mahesh Arora on 25. 3. 96 for Ganesh Mishthan Bhandar for its collection and payment through Punjab National Bank Airdrome Circle, Kota but the same (Annx. 1) was returned by the State Bank of India by dishonoring it.

(3.) ON 30. 5. 2000 this Court directed that in view of the order dated 14. 5. 99 the application be listed with S. B. Cr. Misc. Petition No. 614/96 showing names of Mr. Paras Kuhad and Mr. Arvind Bhardwaj in the cause list. ON 28. 7. 2000 Mr. Sunil Nath appearing for Mr. Paras Kuhad and the respondent pleaded no instructions in the matter as the file had already been handed over to his client Nidhipati Singhania. In these circumstances, court notice without process was ordered to be issued to the parties so also Shri Arvind Bhardwaj and respondent. ON 28. 7. 2000 this Court passed following order:- "28. 7. 2000 Mr. S. M. Jain for complainant applicant Mahesh Arora Mr. Sunil Nath for Mr. Paras Kuhad for respondent Mr. S. M. Jain learned counsel for the petitioner has stated that a sum of Rs. 3766/- which was due to the complainant on account of dishonoured cheque was tendered in court by Shri Mahendra Singh, learned counsel representing the accused on 30. 9. 1997 as a result of settlement arrived at between the parties. Today, I have been informed by the learned counsel for the petitioner that though the cheque was handed over to Shri Arvind Bhardwaj, Advocate but, the same has yet not been received by the complainant. Mr. Sunil Nath, learned counsel for the respondent has pleaded no instructions in the matter as the file has already been handed over to his client. Under the circumstances, let court notice without process be issued to the parties. Court notice without process be also issued to Shri Arvind Bhardwaj Advocate for his presence before this Court on the next date. Mr. Mahesh Arora complainant petitioner and Nidhipati Singhania respondent are directed to remain present in court so as to ensure as to whether the cheque which was tendered to Arvind Bhardwaj Advocate was returned back to the party or not. Put up on 18. 8. 2000. "