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TMI Blog2020 (11) TMI 888X X X X Extracts X X X X X X X X Extracts X X X X ..... st the same might cause any prejudice to either side during trial. But it shall suffice to observe that perusal of the complaint, and also the material available on record make out a prima facie case against the accused at this stage and there appear to be sufficient ground for proceeding against the accused. If the decision of the Court given in the light of the application does not conclude the proceedings against the accused and he is further required to appear and face the trial, the court shall be at liberty to proceed in accordance with law against the accused and take all necessary steps and measures to procure his attendance as the law permits - It is made clear that no application for extension of time shall be entertained if t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent case. Learned counsel for the applicant next submitted that neither opposite party No. 2 has made party to the company nor the directors of the company at the time of filing of the complaint. It is pointed out by the learned counsel for the applicant that since the notice of demand has not been served upon the company regarding dishonour of cheque issued on behalf of the company, the provision of section 138 of Negotiable Instrument Act cannot be treated as not complied with and the complaint would not be maintainable in the eyes of law. Referring to the entire evidence available on record, it is submitted that the summoning order is illegal and without application of judicial mind. No cause of action arose to file the complaint. Per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refused as I do not see any abuse of the Court's process either. In the last, the counsel has urged before the Court that the facts and circumstances of the case and the nature of offence involved are such in which the litigating parties should be given a chance to settle this matter amicably and for this purpose some protective direction may be given by this Court so that adequate steps may be taken in furtherance of the same object. Learned counsel for the applicant has also placed reliance upon the Apex Court decision in the cases of Damodar S. Prabhu Vs. Sayed Babalal H., 2010 (5) SCC 663 and M/s Meters and Instruments Private Limited and another vs. Kanchan Mehta, 2018(1) SCC 560 in this regard. Submission is that the Apex C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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