Citation : 2021 Latest Caselaw 756 Chatt
Judgement Date : 30 June, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRMP No. 400 of 2020
Vaibhav Jain Versus Manpreet Kaur
30.06.2021 Mr. Manay Nath Thakur, Advocate for the Petitioner.
Learned counsel for the petitioner would submit that the complainant
has not issued any notice to the company though the cheque was issued by
the director of the company Bicon Automobile India Private Ltd. Therefore,
the complaint is not maintainable and would refer the judgment passed by
Hon'ble Supreme Court in the matter of Himanshu Vs. B. Shivamurthy
reported in (2019) 3SCC 797 and N. Harihara Krishnan Vs. J. Thomas
reported in (2018) 13 SCC 663. He is also relying upon the Anneeta Hada V.
Godfather reported in (2012) 5 SCC 661 & Charanjeet Pal Jindla V. L. N.
Metalics reported in (2015) 15 SCC 768.
The appeal is arguable and admitted for hearing.
Issue notice to the respondent on payment of P.F. as per rules.
Also heard on I.A. No. 01/2020, application for grant of interim relief.
The proceeding with respect to Case No. 6982/2017 pending before the learned Judicial Magistrate First Class, Durg shall remain stayed till the next date of hearing.
List the matter alongwith CRMP No. 451/2020.
Sd/-
(Narendra Kumar Vyas) Judge Amita
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