CRM No. M-6016 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No.6016 of 2009 (O&M) Date of decision: 03.03.2009 Shri Arun Mittal ...Petitioner Versus M/s Professional Packers ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. G.P. Singh, Advocate, for the petitioner. Rajan Gupta, J. This is a petition under Section 482 Cr.P.C. for quashing of proceedings initiated against the petitioner under Section 138 of the Negotiable Instrument Act. Learned counsel for the petitioner has submitted that vide order dated 6th September, 2008, a charge has been framed against him under Section 138 of the Negotiable Instrument Act. He has assailed the said order on the ground that the petitioner is not incharge of day to day discharge of the Company and is not responsible for any liability of the Company. According to the counsel, the company has not been impleaded as a party and thus, the proceedings under Section 138 of Negotiable Instrument Act against the petitioner deserve to be quashed. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. From a perusal of the impugned order, it is evident that a charge has been framed against the petitioner CRM No. M-6016 of 2009 2 under Section 138 of the Negotiable Instrument Act. All the pleas taken by the petitioner before this Court are in fact required to be raised during the course of trial. No ground has been shown in the petition for quashing of proceedings against the petitioner under Section 138 of the Negotiable Instrument Act in inherent jurisdiction of this Court. On a pointed query put by this court whether the petitioner had signed the cheque as authorised signatory, reply of the counsel is in affirmative. Thus, it is evident that the entire petition contains no ground, whatsoever, for quashing of the proceedings. The petition is totally frivolous in nature. Under the circumstances, the petition is dismissed with Rs.5000/- as costs. (RAJAN GUPTA) JUDGE March 03, 2009 'rajpal'