The petitioner herein admits of not having replied to the demand notice raised by the original complainant in the proceedings under Section 138 of the NI Act. It is insisted by the petitioner that the Account No.1221950679 belongs to Munir Abdul Kadar Menon of Usman Chambers, Baroda in the Central Bank of India, Panigate Branch, Baroda. The said account does not belong to him from which the cheque has been issued. He also submits further that under the impression that he has nothing to do with the said transaction, no reply is given to such a demand notice. The concerned Court choose not to entertain the application following the decision in case of Adalatprasad Vs. Rooplal Jindar where it is held that Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri May 06 03:33:42 IST 2016 R/CR.MA/7471/2016 ORDER since the process has already been issued by the Court, it would not recall its order.
While issuing Notice, the petitioner is directed to deposit a sum of Rs.10,000/ (Rupees Ten Thousand Only) before the Registry of this Court. If the petitioner is unable to make good his case finally, this amount shall be paid to the other side by way of cost. Subject to deposit of Rs.10,000/ by the applicant within a fortnight, Notice shall be issued making it returnable on 13/06/2016.
It shall be open for the petitioner to make a request for adjournment before the trial Court.
(MS SONIA GOKANI, J.) sompura Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri May 06 03:33:42 IST 2016