TMI Blog2021 (8) TMI 619X X X X Extracts X X X X X X X X Extracts X X X X ..... en collected by the Finance Company and the same has become time barred - willingness to compound the case - HELD THAT:- Having regard to the provision of Section 139 and 140 of the N.I. Act the defence that cheque was post dated and was not issued in lieu of legally enforceable debt is not available to the applicant and for the sake of argument, if it is presumed that he is having any such defen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quash the summoning order dated 23.12.2020, passed by the Additional Court, Room No. 04, Lucknow, in Complaint Case No. 47134 of 2020, (Mahindra Mahindra Financial Services Ltd. Vs. Waseem Jamal Khan) under Section 138 of Negotiable Instruments Act, as well as entire proceedings of complaint case. Learned counsel for the applicant while pressing this petition submits that the trial court has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perused the record and having regard to the nature of the order intended to be passed, service on opposite party no.2 is thereby dispensed with. The grievance of the applicant appears to be that though he has paid the post dated cheque to the complainant Company but the same has been presented by him in the bank and the complaint on false ground has been filed as the cheques earlier issued by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... days from today, an application for compounding the offence is moved by the applicant, the trial court shall be under an obligation to dispose of the same keeping in view the law laid down by the Hon'ble Supreme Court in the case of Damodar S Prabhu Vs. Syed Baba Lal H reported in MANU/SC/0319/2010. Till ten days from today, the applicant shall not be arrested in pursuance of any coercive p ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
