New Delhi Feb 27 PTI The Supreme Court has directed a trial court in Rajasthan to restore criminal proceedings in a cheque bounce case noting that the cheque was returned with the account frozen remarkA bench headed by Chief Justice N V Ramana passed the order on an appeal filed by a man against the Rajasthan High Court order which quashed the proceedings in the caseThe top court refused the submission that no case was made under Section 138 of the Negotiable Instruments Act against the accused as the bank managers have specifically deposed that no such bank account was opened and maintained in their bankIt is surprising that on the one hand the bank managers have specifically deposed that no such bank account was opened and maintained in their bank while on the other hand the cheque drawn by the respondent in favour of the appellant was returned with the remark account frozen in respect of the same cheque the bench saidThe bench also comprising Justices A S Bopanna and Hima Kohli said the bank account has been mentioned on the cheque and the endorsement to the effect account frozen will presuppose that an account existed This is a matter which is to be taken into consideration by the trial court in detail and not merely on the evidence of bank managers The parties will have to go through a full-fledged trial In any event it was not a matter the proceedings could have been quashedWe accordingly feel it was premature to quash the complaint filed by the appellant herein by the high court The impugned order passed by the high court is accordingly set aside the bench saidIt also directed the trial court to restore and take up the matter and conclude the same in accordance with law expeditiously and preferably within a period of six monthsAdvocate Namit Saxena appearing for the accused argued that it is a mandatory requirement under section 138 of the Negotiable Instruments Act to have the cheque drawn on a bank account maintained by the accused Saxena submitted that as necessary ingredients of Section 138 are not fulfilled in absence of a bank account the accused cannot be subjected to trial PTI PKS DV DV

New Delhi Oct 24 PTI A Delhi court has granted bail to the directors of a real estate company accused of duping an associate professor of Rs 10 lakh after promising to give him a flat in one of its housing projects that had no approval from authorities Metropolitan Magistrate Dev Saroha on Saturday granted bail to the directors of Parsvnath Developers -- Pradeep Kumar Jain Rajeev Jain and Sanjeev Kumar Jain -- after they appeared before the court in pursuance to summons issued against them earlier in the case of cheating and criminal breach of trust Dr S K Goyal an associate professor in Delhi University had alleged in his complaint filed by advocate Namit Saxena that the accused duped him into giving money for a real estate project in Delhi for which the Parsvnath Group had no sanction for approval The court granted relief to the accused on sureties of Rs 50000 each on the ground that they were not arrested during investigation After investigating the Delhi Police filed a charge sheet before the court against the company and its directors The accused who were summoned by the court after the judge took cognisance of the charge sheet moved bail application after appearing before it on Saturday The application was opposed by Saxena who alleged that the accused have duped other people as well of crores of rupees PTI UK SNE SNE