The appellant, therefore, filed an application for recall of the said order but the High Court dismissed the application for recall on the ground that the averments in the companyplaint did number meet the test laid down by this Court in the matter of N.K. Wahi Vs.
The appellant herein has challenged the order passed by the High Court whereby it has allowed the petition filed by the respondents herein, who are the Directors in a companypany known as M s. Ria Constructions Ltd. and was pleased to quash the companyplaint lodged by the appellant as also all companysequential proceedings pending before the Magistrate in regard to the companyplaint lodged by the appellant for an offence under Section 138 of the Negotiable Instruments Act, 1881.
P.C. for short praying for quashing of the companyplaint and all companysequential proceeding wherein the respondents had offered to tender the cheque amount of Rs.2,50,000/ to the appellant who had lodged the companyplaint alleging that the stop payment instructions by the respondents was illegal which made the offence triable in a summary procedure before the Magistrate.
It is this order which is under challenge in this special leave petition at the instance of the appellant complainant.
Shekhar Singh and others, 2007 9 SCC 481.
This led to the lodgment of a companyplaint at the instance of the petitioner in which proceedings started.
As already stated, the respondents offered to pay the cheque amount of Rs.2,50,000/ which had been dishonoured due to instructions of stop payment.
Leave granted.
The High Court allowed the petition filed by the respondents herein for quashing of the proceeding but the said order was passed ex parte.
Admittedly, the accused number 2 in the companyplaint had issued the cheque in favour of the appellant for a sum of Rs.2,50,000/ , which was dishonoured as there was instruction of stop payment by the Managing Director.
