Heard learned counsel for the applicants and learned A.G.A. for the State. The present 482 Cr.P.C. petition has been filed for quashing the proceedings of complaint case No. 1565 of 2009 (M/S Sevy Sales Vs. M/S Rohit Stationary Centre Private Limited and others) under section 420/120B IPC and 138 of Negotiable Instrument Act, pending before the Metropolitan Magistrate, Court No.10, Kanpur Nagar.
It is contended that on the one hand the opposite party No.2 has initiated the present proceedings under Section 138 of Negotiable Instruments Act and on the other hand has also filed a Company Petition for winding up. It is next argued on behalf of the applicants that the cheque was not returned due to insufficient funds but because the Bank Account was closed and thus for both the aforesaid reasons, no proceedings under Section 138 of Negotiable Instruments Act could be initiated against the applicants. Issue notice to the opposite party no.2 returnable within a period of four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit. Opposite party no.2 may also file counter affidavit within the same period.
List immediately, after expiry of the aforesaid period. Till then, no coercive action shall be taken against the applicants.
Order Date :- 15.6.2010 Salim