TMI Blog2017 (1) TMI 1219X X X X Extracts X X X X X X X X Extracts X X X X ..... duly served i.e. deemed to be served and registered AD was not received, hence it was deemed service. However, there can be no deemed service on a non-existent address. Thus, there is merit in the contention of learned counsel for the petitioner and since no notice of legal demand was served on the petitioner/ accused complaint case is quashed - CRL.M.C. 2626/2011 - - - Dated:- 13-1-2017 - MS. MUKTA GUPTA J. Petitioner Represented by: Mr. Bijender Singh, Ms. Vidushi, Advs. Respondent Represented by: None MUKTA GUPTA, J. (ORAL) 1. A complaint under Section 138 of the Negotiable Instruments Act (in short NI Act) was filed by the respondent against the petitioner as proprietor of Vashisht Transport Company being crimi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued to the petitioner on the allegations of the respondent as aforesaid. On 18th November, 2007 the process server HC Bhag Mal Singh submitted his report that there was no property with the number C-16 in the Amushi Industrial Area, Lucknow, UP, and summons could not be served. Thus the learned Metropolitan Magistrate on 21st November, 2007 directed the respondent to furnish fresh address and issued fresh summons. On the next date i.e. 2nd June, 2008 the learned Trial Court noted that the respondent had not complied with the order, however the order sheet noted presence of the accused. Learned counsel for the petitioner submits that someone was brought to impersonate as an accused to mislead the Court. Neither the vakalatnama of the all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vant portion of the impugned order is as under: 6. Any how coming to the other part of the order directing issuance of NBW, the plea of the accused is that his address in the demand notice as well as in the complaint was wrongly mentined as C -18 Amushi Industrial Area, Nandur Gant, Lucknow, UP which was found to be non-existing address as per report on summons for 21.11.2007. Accused was marked present with counsel Shri Sushil Singh, Advocate due to mistake, by ld.Link MM on 02.06.2008. Vakaltnama of said counsel is not available on record, accused had not been served for that date. The accused came to know of the case when he went to the Court of Ld.MM on 03.06.2009 for finding out other case titled as Shri Ram Investment and Finance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edings before the learned Trial Court till the next date of hearing which order continued. Despite service none appeared for the respondent except on few dates when the Crl.M.C.2626/2011 was dismissed for non-prosecution on 11th December, 2013. An application for restoration of the main petition being Crl.M.A. 219/2014 was filed wherein notice was issued to the respondent which was duly served and learned counsel for the respondent Mr. Gaurav Kumar appeared when the Crl.M.C. 2626/2011 was restored to its original position on 2nd April, 2014. Thereafter none is appearing for the respondent despite repeated adjournment except that on one date a proxy counsel appeared. Since learned counsel for the respondent was not appearing despite service, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncy, etc., of funds in the account. - Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may ext ..... X X X X Extracts X X X X X X X X Extracts X X X X
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