N.ANAND VENKATESH
Arun Jain – Appellant
Versus
Ashok Tex – Respondent
ORDER :
N. Anand Venkatesh, J.
1. This Criminal Original Petition has been filed, challenging the order passed by the Court below, dismissing the application filed by the petitioner to drop the proceedings initiated against the petitioner by the respondent.
2. The petitioner is facing a criminal Complaint before the Court below for an offence under Section 138 of the Negotiable Instruments Act, and he has been added as A-2 in the Complaint. During the pendency of the proceedings, the petitioner filed an application for dropping the proceedings on the following grounds:
(a) The cheque was dishonored with an endorsement "account blocked" and therefore no offence is made out.
(b) There are no original documents available on record and therefore no case has been made out against the accused.
(c) Verification of pre-summoning evidence is not proper, and therefore, the Court below should not have issued the summons to the petitioner.
(d) There is non-compliance of Section 65B of the Evidence Act, and Bankers Book Evidence Act.
3. The Court below dismissed the petition filed by the petitioner, under Section 251 of Cr.P.C., on the ground that the proceedings under Section 138 of the Negotiable Ins
Bhushan Kumar & Another Vs. State (NCT of Delhi) & Another reported in (2012) 5 SCC 424.
Dhariwal Tobacco Products Limited & Others Vs. State of Maharashtra reported in (2009) 2 SCC 370.
Krishnakumar Variar. Vs. Share Shoppe reported in (2010) 12 SCC 485.
Subramanium Sethuraman Vs. State of Maharashtra reported in (2004) 13 SCC 324.
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