1. The present revision petition has been filed by the petitioner seeking quashing of order dated 08.06.2017 passed by the Court of Additional Chief Judicial Magistrate, Bhiwani whereby the criminal complaint filed by the petitioner titled Prem Singh Vs. The Manager, Era Infra Engineering Limited and another , under Section 138 NI Act, was dismissed at the summoning stage.

2. Notice of motion was issued vide order dated 15.11.2017. In response to the same, no one appeared on behalf of respondents No.1 and 2 despite their due service.

3. The counsel appearing on behalf of the petitioner inter alia submits that the complaint filed by the petitioner under Section 138 NI Act is maintainable. The cheque in question issued by respondents in discharge of the liability of the company was dishonored and this resulted into filing of the criminal complaint under Section 138 NI Act. In support of his 1 of 4 ::: Downloaded on - 16-11-2024 10:43:04 ::: Neutral Citation No:=2024:PHHC:141759 CRR-3162-2017 [2] contention, counsel for the petitioner has relied upon the decision of Bombay High Court in Maan Agro Centre Vs. EID Parry (India) Limited and another 2005 (2) CivCC 254 which is a case relating to amendment of the complaint by way of correction in the name of the accused. The counsel for the petitioner has also placed reliance on decision of Delhi High Court in Vijay Mallaya Vs. Delhi International Airport Private Limited 2016 (232) DLT 423 wherein it was held that mere non mentioning of name of petitioner in complaint cannot absolve him of the responsibility of the company which issued cheque in question and there was no need to issue notice by the complainant in the name of the petitioner (accused).

4. I have considered the submissions made by counsel for the petitioner.

5. The operative part of the impugned order dated 08.06.2017 is as follows:-

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11. In light of the above, the impugned order is hereby set aside and the matter is remanded back to the Court concerned to make further inquiry into the criminal complaint in question to prima facie assess the criminal liability of drawer of the cheque or the officer of Era Infra Engineering Limited who signed the cheque in question. If need be petitioner is also liberty to summon the concerned bank official to ascertain as to who signed the cheque in question on behalf of Era Infra Engineering Limited. The Court concerned is directed to pass afresh order in accordance with law.

12. Petitioner is directed to appear before the Court concerned on 18.11.2024.