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Judgment
Petitioners/accused persons seek quashing of Complaint Case under Section 138 Negotiable Instruments Act.
Petitioners/accused persons were admittedly served with summons one year ten months back and are facing trial without having challenged the summoning order or the order framing notice. There is not even a whisper explaining the delay in filing this petition.
It is submitted by learned counsel for petitioners/accused persons that petitioners/accused persons were served with summons of the trial court in January 2025, but they did not appear, so warrants were issued and finally they appeared before the trial court in January 2026.
Learned counsel for petitioners/accused persons submits that the impugned complaint case deserves to be quashed because the cheque in question was for Rs.15,00,000/-, whereas the statutory notice under Section 138 Negotiable Instruments Act was for Rs.3,85,946/-. In this regard, learned counsel has taken me through the copy of the statutory notice and the cheque in question. Not other ground has been raised on behalf of petitioners.
But a careful perusal of record would show that the statutory notice shown by the learned counsel is dated 06.04.2023, whereas the statutory notice referred to in the complaint as well as the list of documents is notice dated 07.04.2023. It appears that notice dated 07.04.2023 has been kept away from this Court and the notice dated 06.04.2023 shown to the Court pertains to some other transaction.
In view of the aforesaid, I find no merit in the present petition. The petition and the accompanying applications are dismissed.