B.P.L. LTD., BPL WORKS REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR MR. AJIT G. NAMBIYAR Vs. INFRASTRUCTURE LEASING AND FINANCIAL SERVICES LIMITED REP. BY ITS SENIOR MANAGER MR. GOUTHAM KAATHUR

JUDGEMENT

(1.) CRL . P. No. 1467/2006 is filed by M/s. B.P.L. Ltd., (Company for short) and Crl. P. No. 1465/2006 is filed by the persons who are said to have been incharge of and responsible to the Company for the conduct of its business seeking the relief of quashing the proceedings in C.C. No. 25149/2005, Similarly, Crl. P. No. 1464/2006 is filed by the Company and Crl. P. No. 1463/2006 is filed by the persons who are said to have been incharge of and responsible to the Company for the conduct of its business seeking the relief of quashing the proceedings in C.C. No. 2688/2003. M/s. Infrastructure Leasing and Financial Services Limited is the common respondent in all the four petitions.

(2.) THE facts of the case in brief are that the petitioning Company is a public limited Company incorporated under the Companies Act, 1956. The respondent gave short -term loans to the Company. The cheques dt 10.07.2002, 10.07.2002, 27.06.2002, 10.07.2002, 10.07.2002 and 27.06.2002 for Rs. 41,83,319/ -, 50,00,000/ -, 45,45,455/ -, 50,00,000/ -, 41,83,319/ - and 44,59,714/ - respectively were issued by the Company to the respondent towards the discharge of its debt. However on their presentation, they were not honoured by the Company's bankers. The respondent, on the failure of the Company to honour the demand contained in the statutory notice, filed C.C. No. 2688/2003.

(3.) AS the first instalment, the Company issued a post dated cheque for a sum of Rs. 1,75,00,000/ - (rupees one crore seventy five lakhs only) on 30.09.2004. As the Company's bankers did not honour the cheque and the Company did not comply with the demand contained in the statutory notice, the respondent filed C.C. No. 25149/2005.