TATA MOTORS FINANCE LTD. Vs. BANSHI LAL

JUDGEMENT

(1.) Instant Miscellaneous Petition has been preferred by the petitioner-Tata Motors Finance Limited seeking quashing of the order dated 4.10.2010 passed by the ACJM, Gulabpura in Complaint Case No. 339 of 2010 whereby, the petitioner-company was summoned as an accused for the offence under Sec. 138 of the Negotiable Instruments Act.

(2.) None appears for the respondent-complainant despite service.

(3.) The Counsel for the petitioner submits that as per the admitted allegations in the complaint, the cheque on the basis whereof, the complaint was filed, was given to the complainant Banshilal by Hemant Sharma for repayment of personal loan. He submits that admittedly, no transaction of any kind ever took place between the petitioner-company and the complainant so as to make the petitioner-company responsible for facing prosecution under Sec. 138 of the Negotiable Instruments Act. He, therefore, prays that proceedings of the complaint are misconceived so far as the petitioner-company is concerned and are liable to be quashed to its extent.