G.K. SAWHNEY Vs. STATE

JUDGEMENT

(1.) G.K. Sahwney, the Petitioner herein, vide this petition under Section 482 Code of Criminal Procedure seeks quashing of criminal complaint No. 385/2001 titled "Jai Prasad Jain v. Rajasthan Ball Bearing Ltd. and Ors." pending in the court of ACMM, Patiala House, New Delhi qua him.

(2.) Briefly put, facts relevant for the disposal of this petition are that on 4.4.1998, Respondent No. 2 filed a complaint under Section 138 of the Negotiable Instruments Act (N.I. Act) against M/s Rajasthan Ball Bearing Ltd. and Ors. including the Petitioner. It was alleged in the complaint that pursuant to an advertisement issued by M/s Rajasthan Ball Bearing Ltd. seeking fixed deposit, Respondent complainant opened three fixed deposit accounts which were due to mature with 15% interest on 30th October, 1997, 25th January, 1998 and 25th January, 1998 respectively. On maturity of those fixed deposit receipts, aforesaid company issued 11 cheques in favour of the Respondent/complainant to meet the liability of the principal deposit and interest. Those cheques, on presentation, were dishonoured with the remarks "funds insufficient". This led to issue of demand notice under Section 138 Negotiable Instruments Act to the company as well as its Director Sandeep Sawhney and the Petitioner. They, however, failed to make payment of the amount of cheques within the requisite period of 15 days from the date of receipt of demand notice. This led to filing of complaint under Section 138 Negotiable Instruments Act against the company as well as two others, including the Petitioner.

(3.) While aforesaid complaint under Section 138 Negotiable Instruments Act was pending, Respondent filed the subject complaint under Section 190/403/420 Indian Penal Code against the aforesaid company and two others, including the Petitioner on the same set of facts. Learned M.M. conducted preliminary enquiry and on consideration of the second complaint and preliminary evidence led in support of the complaint, found that a prima facie case of commission of offences under Section 420/406/409/34 Indian Penal Code was disclosed. He, accordingly, summoned the accused persons named in the complaint, including the Petitioner.