SHREYAS PAPERS PVT. LTD. Vs. SUNARA PAPERS

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.1 to 4 praying to quash order dtd. 21/2/2024 in C.C.No.1917/2022 by the I Addl. Civil Judge and JMFC, Dharwad and staying all further proceedings in the said criminal case registered for the offence punishable under Sec. 138 of the N.I Act.

(2.) The respondent/complainant has initiated proceedings against the petitioners for the offence punishable under Sec. 138 of N.I Act and it is pending in C.C.No.1917/2022 on the file of I Addl. Civil Judge and JMFC, Dharwad. The complainant-firm has supplied raw materials to the respondents/accused and the respondent had issued cheque for making payment of the amount due and it came to be dishonoured with endorsement as funds are insufficient. The petitioner has issued notice and inspite of service of said notice as the amount of the cheque has not been paid, the complaint came to be filed against the respondent for the offence under Sec. 138 of N.I Act. The learned Magistrate has taken cognizance and registered a criminal case against the petitioners/accused Nos.1 to 4.

(3.) During the pendency of the said criminal case proceedings, the learned counsel for accused has produced order dtd. 31/10/2023 passed by the National Company Law Tribunal, Special Bench, Bengaluru in C.P.(I.B.)No.05/BB/2022.