Anil Mehra vs State of Haryana and Another

Ajai Lamba, J.—This petition filed u/s 482 of Code of Criminal Procedure, 1973 prays for quashing of criminal complaint entitled M/s G.E. Capital Services India, Gurgaon v. Anil Mehra, placed on record as Annexure P-1, and order of summoning dated 22.2.2010 passed by Judicial Magistrate Ist Class, Gurgaon.

The stand of the Petitioner is that the Petitioner gave cheques to the Respondent-complainant as security. The loan amount has already been repaid to the Respondent. In such circumstances, there was No. occasion for the Respondent to present the cheques given as security only.

I find that the same stand has been taken by the Petitioner in his response to the notice served by the Respondent-complainant u/s 138 of the Negotiable Instruments Act, 1881.

Learned Counsel contends that because it would be a fact to be established by way of evidence, the Petitioner would like to withdraw this petition and take the defence before the trial Court.

Dismissed as withdrawn with liberty to the Petitioner to take all the defences including the defence/plea taken before this Court, before the trial Court.

Because of the Petitioner has already put in appearance, the appearance of the Petitioner in trial Court would remain exempted on the following conditions:

i) he shall be represented by a counsel before the trial Court;

ii) he shall not dispute his identity as accused;

iii) he shall has No. objection if the evidence is recorded in his absence;

iv) he shall come present before the trial Court as and when required; and

v) he shall comply with any other condition/conditions that may be imposed by the trial Court.