SUSHMA ANANDU Vs. S.K. ENTERPRISES, MUMBAI

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) These petitions are filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C., seeking to quash the proceedings on the file of Metropolitan Magistrate, 58th Court, Bandra, Mumbai in C.C.Nos.2503/SS/2013, 2501/SS/2013 and 2502/SS/2013.

(3.) The respondent herein filed these private complaints before the Metropolitan Magistrate, 58th Court, Bandra, Mumbai numbered as C.C.Nos.2503/SS/2013, 2501/SS/2013 and 2502/SS/2013 respectively. In the said complaints petitioner is arraigned as accused No. 2 and her husband Deepak Krishnappa is arraigned as accused No.1. It is alleged in the complaints that accused Nos. 1 and 2 are engaged in the business of real estate development in India. Accused No. 1 has been instrumental in all the transactions with the complainant. Accused No. 1 through his firm M/s. Metrocorp, has entered into a lease agreement dated 25.03.2008 for leasing the residential villa bearing No. 18 as per the plan sanctioned. In connection with the said transaction, it is stated that accused No.1 issued nine cheques, dated 12.06.2013. The said cheques, when presented for encashment, came to be returned as 'account closed' Hence, the respondent sought action against accused Nos.1 and 2 under Section 138 read with Section 142 of Negotiable Instruments Act, 1881.