M/S PARWAR CONSTRUCTIONS PVT. LTD. AND OTHERS Vs. ALLAHABAD BANK, BRANCH RUDRAPUR
LAWS(UTN)-2013-8-51
HIGH COURT OF UTTARAKHAND
Decided on August 30,2013

M/S Parwar Constructions Pvt. Ltd. And Others Appellant
VERSUS
Allahabad Bank, Branch Rudrapur Respondents

JUDGEMENT

U.C. Dhyani, J. - (1.) The applicants, by way of present petition/application moved under Section 482 Cr.P.C., seek to quash the summoning order dated 05.06.2009 passed by the learned Chief Judicial Magistrate, Udham Singh Nagar as well as the entire proceedings of the Criminal Case No. 1284 of 2009, Allahabad Bank v. M/s Parwar Constructions Pvt. Ltd. , under Section 138 of the Negotiable Instruments Act, 1881, read with Section 142 of the Negotiable Instruments Act, 1881, pending before the Chief Judicial Magistrate, Udham Singh Nagar.
(2.) Respondent-bank filed a complaint against four accused persons including the present applicants under Section 138 of the Negotiable Instruments Act, 1881, in the court of Chief Judicial Magistrate, Udham Singh Nagar. After recording the statements under Section 200 and 202 Cr.P.C., and, perusing the documents enclosed therewith, accused-applicants were summoned to face the trial under Section 138 of the NI Act. The impugned order dated 05.06.2009 self-explanatory and contains the reasons for summoning of the accused persons. Aggrieved against the said order, present Application under section 482 Cr.P.C. was moved on behalf of the applicants.
(3.) Two directors of Parwar Constructions Pvt. Ltd. issued a cheque in favour of M/s Parwar Constructions (Pvt.) Ltd. A/c No. 213899 dated 15.09.2008, Allahabad Bank, Branch Rudrapur, for a sum of Rs. 15 lacs on 15.09.2008. Whereas learned counsel for the applicants argued that the applicants were not a 'holder in due course', learned counsel for the respondent-bank drew the attention of this Court towards the letter dated 05.08.2008, written by Rajesh Kumar Prajapati, (applicant no. 3) for applicant no. 1, to the Chief Manager, Allahabad Bank, Branch Rudrapur, District Udham Singh Nagar (annexure no. 1). Learned counsel for the respondent-bank also drew the attention of this Court towards the letter written by the respondent-bank to applicant no. 3 on 16.07.2008 (annexure no. 3), the registered notice written by the counsel of respondent-bank to applicant no. 3 on 10.07.2008 (annexure no. 2), letter written by the respondent-bank to the applicant no. 3 on 05.07.2008 (annexure no. 1) and other papers including the cheque in question to show that the applicants were 'holder in due course'.;


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