JUDGMENT

Mukta Gupta, J. (Oral)--By this petition, the petitioner seeks setting aside of the order dated 10th May 2019 passed by the learned Metropolitan Magistrate-03, N.I.Act, Tis Hazari Courts summoning the petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act (in short, the N.I.Act).

2. Learned counsel for the petitioner states that the cheque which got dishonoured was issued by the accused No. 1 company namely KRF Ltd. of which the accused Nos. 2 and 3 were the Director and Managing Director respectively. Without any averment in the complaint against the petitioner who was employed as the `Finance Head' of the company, the petitioner was impleaded as accused No. 4 and summoned by the impugned order by the learned Metropolitan Magistrate.

3. Learned counsel for the petitioner states that besides there being no averment in the complaint qua the petitioner, no legal notice was issued to the petitioner and notice of dishonour of cheque was issued only to the company. Thus, no cause of action for instituting the complaint under Section 138 of the N.I.Act arises against the petitioner. Further, the petitioner being neither In-charge nor respons