RAKESH KAINTHLA
A. K. Aggarwal – Appellant
Versus
Vijender Kumar Jain – Respondent
JUDGMENT :
(Rakesh Kainthla, J.)
The petitioner has filed the present petition for seeking the quashing of Complaint No. 45/2020, pending in the Court of learned Additional CJM, Nadaun, District Hamirpur, H.P. for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (in short ‘the Act’). It has been asserted that respondent No. 1-complainant filed a complaint against the petitioner and proforma respondents asserting that they used to supply scrap, and other crushed iron steel waste material to proforma respondents and petitioner. A cheque of Rs.9,90,000/- was issued for discharging the legal liability, which was dishonoured due to insufficient funds. The company was closed. Notice was served upon proforma respondent no. 3 and 4; however, they did not respond to the notice. The petitioner replied to the notice claiming that he had left the job much earlier. Learned Trial Court took cognizance based on the complaint and summoned the petitioner and other persons. There is no material on record to summon the petitioner. The requirements of Section 141 of the NI Act were not satisfied. The complaint was filed against the company and the petitioner i
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