SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(HP) 547

RAKESH KAINTHLA
A. K. Aggarwal – Appellant
Versus
Vijender Kumar Jain – Respondent


Advocates Appeared:
For the Petitioner: Ms. Heena Chauhan.
For the Respondents: Mr. Aman Sharma.

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

                  Click Here to Read the rest of this document
                  1
                  2
                  3
                  4
                  5
                  6
                  7
                  8
                  9
                  10
                  11
                  SupremeToday Portrait Ad
                  supreme today icon
                  logo-black

                  An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                  Please visit our Training & Support
                  Center or Contact Us for assistance

                  qr

                  Scan Me!

                  India’s Legal research and Law Firm App, Download now!

                  For Daily Legal Updates, Join us on :

                  whatsapp-icon telegram-icon
                  whatsapp-icon Back to top