RIYA BAWRI Vs. MARK ALEXANDER DAVIDSON

JUDGEMENT

(1.) Leave granted.

(2.) A common order,(Order dtd. 14/3/2022) passed by the High Court of Meghalaya at Shillong in a bunch of Criminal Petitions(Criminal Petition No(s). 35-56 of 2021 & No(s). 74-94 of 2021) is under challenge in the present appeals. Vide aforesaid order, the High Court allowed the Petitions filed by the respondents herein and quashed the Criminal Complaints filed by the appellants herein under Sec. 138 read with Ss. 141 and 142 of the NI Act(Negotiable Instruments Act, 1881 (hereinafter as 'NI Act')) along with Ss. 420, 418, 417, 403, 409 and 406 of the IPC(Indian Penal Code, 1860 (hereinafter as 'IPC')) filed before the Court of Additional Deputy Commissioner (Judicial), Shillong.

(3.) Briefly, the facts of the case available on record are that on 11/7/2015, respondent no.3(Respondent No.3 in the present appeal is Twelve Baskets, a registered firm.) approached the appellant no.1(Appellant No.1 in the present appeal is Riya Bawri, also the Complainant before the Additional Deputy Commissioner (Judicial), Shillong.) to rent out her property situated at 13th Mile, G.S. Road. Tamulikuchigaon, Byrnihat, Ri Bhoi District, Meghalaya. According to the agreement, the property was rented for a consideration of Rs.1,45,152.00 (Rupees One Lakh Forty-Five Thousand One Hundred Fifty Two) per month including taxes. The rent was to be paid every month at Shillong. A Cheque bearing no. 001422 drawn on HDFC Bank, Kalapahar, Guwahati Branch was issued on 20/8/2019, by the respondent no. 3 to the appellant no. 1, for an amount of Rs.1,45,152.00. The cheque was issued to discharge the liability for the payment of rent. Between April 2019 and October 2019, the respondent no.3 had issued multiple cheques(Refer to Table mentioned in Para 12 of this judgment.) (Total 22 cheques) to the appellants herein for discharging the liability for the payment of rent for different months. All the cheques were dishonoured by the bank with a return memo stating the reason therein as 'Funds Insufficient.' Subsequently, the appellant no.1, issued a written notice dtd. 9/12/2019 to the respondent no.3 under Sec. 138 of the NI Act, calling upon the respondent no. 3 to pay the amount of the cheques to the appellant herein.