SUDHANSU JYOTI MUKHOPADHAYA, V.GOPALA GOWDA
Anil Gupta – Appellant
Versus
Star India Pvt. Ltd. – Respondent
JUDGMENT
SUDHANSU JYOTI MUKHOPADHAYA,J.
1. Leave granted.
2. This appeal is directed against the judgment dated 13th August, 2007 passed by the High Court of Delhi at New Delhi in Criminal Miscellaneous Case No.2380 of 2004. By the impugned judgment, the High Court held that the complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the, 'Act') was barred by limitation and quashed the summon order against respondent no.2-Visionaries Media Network (hereinafter referred to as the, 'Company'). It further held that the dispute qua the appellant (petitioner no.2 before High Court) is within limitation and affirmed the summon order against the appellant.
3. The factual matrix of the case is as follows: A subscription agreement was entered into between respondent nos.1 and 2 whereby respondent no.2-Company was appointed as distributor of Star Channels and collecting subscription fee for the same. On 27.12.2003, respondent no.2-Company issued three cheques bearing nos.790913, 790912 and 790911 for Rs.6,00,000/-, Rs.5,00,000/- and Rs.5,00,000/- respectively drawn on the Indian Overseas Bank, Gandhi Nagar, Jammu.
The aforesaid three c
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