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2018 Supreme(Del) 3159

SANJEEV SACHDEVA
DSC Ltd. – Appellant
Versus
Dada Jeetu Buildcon Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rajnish Kumar, Advocate.
For the Respondents:Ms. Priya Hingorani with Mr. Parveen Kumar, Advocates.

JUDGMENT

SANJEEV SACHDEVA, J.

1. The petitioner seeks quashing of summoning order dated 06.03.2013 and seeks quashing of complaint filed under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the N.I. Act).

2. The respondent had filed a complaint under Section 138 N.I. Act contending that two cheques in the sum of Rs. 75 lakhs issued by the petitioner were dishonoured for the reasons “insufficient funds”.

3. Apart from the raising defence on merits, the petitioner has raised a technical defence to the complaint and contends that the same goes to the very root of the matter and submits that the complaint is not maintainable.

4. Subject cheques were issued on a bank account maintained by DSC Ltd., the petitioner herein. Cheques were admittedly signed by Mr. M.S. Narula, who is stated to be the Managing Director of the petitioner company.

5. It is an admitted position that statutory notice under Section 138 of the N.I. Act dated 19.01.2013 was addressed only to “Mr. M.S. Narula, Director, DSC Ltd.” No notice was sent in the name of “DSC Ltd”. Subject complaint has been filed only against “DSC Ltd. Through its Director–M.S. Narula”.

6. Learned counsel for the petition










































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