S.N.DHINGRA
Shree Raj Travels and Tours Ltd. – Appellant
Versus
Destination of The World (Subcontinent) Private Limited – Respondent
SHIV NARAYAN DHINGRA, J.
1. This bunch of petitions has been filed by the petitioners who have been summoned by the learned Metropolitan Magistrate on a complaint by respondent u/s 138 of the Negotiable Instruments Act (in short NI Act) because of dishonour of cheque issued by the company. This Court in its judgment titled as Rajesh Agarwal v. State and Anr. Crl.M.C. No. 1996/2010 decided on 28th July, 2010 Rajesh Agarwal Vs. State and Another, (2011) 2 Crimes 711 had considered prevailing scenario of cases u/s 138 and after considering the provisions of NI Act, Cr.P.C. and the fact that the trial of cheque-dishonour cases had to proceed in a summary trial manner observed as under:
11. The trial u/s 138 of N.I. Act cannot be carried like any other summons trial under IPC offences. The documents placed on record of the Court about the dishonour of cheque are the documents from banks and unless the accused says that these documents are forged, or he had not issued the cheque at all, he did not have any account in the bank, the cheque was not signed by him, the cheque book was forged by the complainant or other similar claim, the evidence of the complainant about dishonour of
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