SANJEEV NARULA Vs. COLLAGE ESTATE PRIVATE LIMITED

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short) has been filed against the interlocutory order dated 14.02.2017 passed by the learned Judicial Magistrate 1st Class, affirmed in revision petition by the Court of Sessions.

(2.) The petitioner is an accused in a criminal complaint filed under Section 138 of the the Negotiable Instrument Act, 1881 (for short 'the Act of 1881). The petitioner is a Managing Director of accused company i.e. M/s Lilliput Kidswear Ltd. The company had taken a commercial premises on lease from the complainant vide lease agreement dated 11.07.2011. The cheque in question is alleged to be on account of payment of rent and maintenance. Since cheque was dishonoured, notice demanding payment was given which was addressed to all the three accused i.e. Company, Managing Director/petitioner and Arun Jain, authorised signatory of the cheque.

(3.) Since payment was not made, complaint was filed. Petitioners and the other co-accused were summoned vide order dated 19.04.2016. Efforts to secure the presence of the petitioners were successful only on 14.02.2017 i.e. after a period of 10 months. On the day petitioner appeared, he was served with a notice of acquisition on granting bail.