Court No. - 5 Case :- APPLICATION U/S 482 No. - 19604 of 2010 Petitioner :- M/S Rohit Stationery Centre(P)Ltd.And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- C.K.Parekh Respondent Counsel :- Govt. Adovcate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. petition has been filed for quashing the proceedings
of complaint case No. 1565 of 2009 (M/S Sevy Sales Vs. M/S Rohit
Stationary Centre Private Limited and others) under section 420/120B IPC
and 138 of Negotiable Instrument Act, pending before the Metropolitan
Magistrate, Court No.10, Kanpur Nagar.
It is contended that on the one hand the opposite party No.2 has initiated the
present proceedings under Section 138 of Negotiable Instruments Act and on
the other hand has also filed a Company Petition for winding up. It is next
argued on behalf of the applicants that the cheque was not returned due to
insufficient funds but because the Bank Account was closed and thus for both
the aforesaid reasons, no proceedings under Section 138 of Negotiable
Instruments Act could be initiated against the applicants.
Issue notice to the opposite party no.2 returnable within a period of four
weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks’ time to file counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period.
List immediately, after expiry of the aforesaid period. Till then, no coercive
action shall be taken against the applicants.
Order Date :- 15.6.2010
Salim