- (1.) This appeal is directed against order dated 4.3.2014, passed by the High Court of Judicature at Allahabad, in Criminal Misc. Application (Section. 482) No. 6667 of 2014 whereby said Court has disposed of the same declining to quash the proceedings of criminal complaint case No. 1446/9 of 2013, relating to offences punishable Under Sections 420, 467, 468, 471, and 406 of Indian Penal Code (Indian Penal Code), P.S. Nauchandi, pending in the Court of Additional Chief Judicial Magistrate-4, Meerut, with certain observations.
(2.) We have heard learned Counsel for the parties and' perused the papers on record.
(3.) Succinctly, facts of the case are that Appellant is Manager Accounts with M/s. Jetking Infotrain Ltd. There was a franchise agreement between the Appellant's company and M/s. SVS Computers Ltd., of which Respondent No. 2 Vishal Sharma (complainant) is one of the directors. Said franchise agreement expired on 29.6.2011. There was some dispute as to the clearance of outstanding dues of M/s. Jetking Infotrain Ltd., due to which, it appears that it sent a notice for payment before renewal of the agreement of franchise. It is pleaded before us that Respondent No. 2 tendered two cheques towards franchise fee for the year 2013-14, on behalf of M/s. SVS Computers Ltd. Out of the two cheques, one bearing No. 63873 dated 27.6.2013 drawn on Union Bank of India, Noida, for an amount of Rs. 7,86,641/-, when presented before the Bankers, was dishonoured on account of "payment stopped by the drawer" endorsement. However, another cheque for an amount of Rs. 1,10,400/- was honoured. On this, Appellant's company issued notice dated 13.7.2013 to Respondent No. 2 calling upon to make payment of dishonoured cheque on behalf of M/s. SVS Computers Ltd. When Respondent No. 2 ignored the same, on behalf of M/s. Jetking Infotrain Ltd. a criminal complaint case No. 630 of 2013 was filed against Respondent No. 2 Vishal Sharma, before the Metropolitan Magistrate, Karkardoma Courts, Delhi, in respect of offence punishable Under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act").;