- (1.) Heard Sri Ankit Srivastava, the petitioner and Additional Government Advocate, for State of U.P.
(2.) This petition has been filed for setting aside order of Judicial Magistrate, dated 01.10.2015 summoning the petitioner and Abdul Qadir in their capacity as Directors of M/S Eagle Industries Pvt. Ltd. and Abdul Qadir in his personal capacity, under Section 138 of Negotiable Instruments Act, 1881 and order Additional Sessions Judge, dated 05.04.2016, dismissing revision of the petitioner against aforesaid order.
(3.) Raghuraj Singh Chaudhary (respondent-2) filed a complaint under Section 138 of Negotiable Instruments Act, 1881. In this complaint M/S Eagle Industries PVT. Ltd. was arrayed as opposite party-1, Mohd. Yusuf was arrayed as opposite party-2, in the capacity of Director and Abdul Qadir was arrayed as opposite party-3, in the capacity of Managing Director of M/S Eagle Industries PVT. Ltd. It has been stated in the complaint that opposite parties-2 and 3 took loan of Rs. 3,00,000/- from the complainant, in connection of purchasing machinery for opposite party-1. They gave a cheque No. 335504 of Oriental Bank of Commerce, to the complaint on 14.02.1998, for repayment of loan. The complaint deposited aforesaid cheque for incashment in his bank i.e Bank of Maharashtra, Ghaziabad, which was returned with endorsement of "insufficient fund" on 09.03.1998. When the complainant approached to the accused persons, then on their assurance, cheque was again deposited for incashment on 25.07.1998, which was again returned with endorsement of "insufficient fund" on 27.07.1998. Registered notice for payment of the amount due was given to the opposite parties on 06.08.1998, which have been refused by them on 10.08.1998. The complaint was filed on 09.09.1998.;