2021 (8) TMI 378

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.... ORDER 1. The present petition has been filed by the petitioner for quashing the complaint titled 'Shakeel Ahmed Malik vs. Ajeet Singh' filed under section 138 of the Negotiable Instruments Act which is pending before the court of learned Additional Special Mobile Magistrate, Ramban (hereinafter to be referred as trial court) and for quashing the order dated 18.07.2019 by virtue of wh....

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..... It is further stated that thereafter, the respondent served statutory notices each dated 24.06.2019 upon the petitioner by virtue of which, the petitioner was called upon for liquidating the amount of the dishonoured cheques. The said notices were not replied by the petitioner herein and the respondent filed complaint under section 138 of Negotiable Instruments Act before the trial court. After ....

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..... Heard and perused the record. 7. A perusal of the cheques in question reveals that the said cheques have been issued from account maintained by company namely DSKT Infrastructure Pvt. Ltd. Further, the perusal of the complaint reveals that the company has not been arrayed as an accused. 8. The Supreme Court in "Anita Hada Vs. Godfather Travels & Tours Pvt. Ltd." reported in (2008) 13 SCC 7....

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....o be restricted to its own facts as has been explained by us hereinabove. 9. In view of the above, it is evident that whenever a cheque has been issued by the company and the same stands dishonoured, the company is required to be arrayed as an accused and in absence thereof, the proceedings cannot be continued. 10. A perusal of order impugned reveals that the trial court too has taken cogniz....