- (1.) This is a petition under Section 482 of the Cr.P.C for setting aside the complaint No.461 dated 11.10.2005 under Section 138 of the Negotiable Instruments Act and Summoning Order dated 27.02.2006 passed by the Chief Judicial Magistrate, Rohtak and all subsequent proceedings arising thereto qua the petitioner.
(2.) While praying for setting aside the complaint, as well as, the Summoning Order, learned counsel for the petitioner submitted that the petitioner who has been made accused in the present complaint under Section 138 of the Negotiable Instruments Act was neither the Executive Officer, Municipal Council, Rohtak on the date of alleged presentation of cheque, in question, nor he had any knowledge nor any notice was served to him. As such, the said complaint does not satisfy the ingredients of Section 138 of the Negotiable Instruments Act.
(3.) The second argument raised by learned counsel for the petitioner was that the cheque, in question, was issued by the petitioner in his official capacity on 02.03.2005, whereas, he was transferred from Rohtak as Executive Officer and he was not liable on 27.08.2005, 30.08.2005 and 01.09.2005 when the cheque was not encashed and the payment was stopped by the second signatory on 01.09.2005. The petitioner was not in that office at the relevant time and as such, he was not liable for consequences after his transfer from Rohtak.;