SANJEEV KUMAR AGARWAL Vs. IFCI FACTORS LTD.

JUDGEMENT

(1.) The present petitions are instituted under Sec. 482 Cr.P.C. on behalf of the petitioner assailing the summoning orders dtd. 20/1/2017 passed in CC Nos. 635667/2016 and 635666/2016, the order dtd. 12/4/2016 passed in CC No. 1109/2016 and the order dtd. 2/2/2016 passed in CC No. 4429/2015 by the learned Metropolitan Magistrate-03 (NI Act), South-East District, Saket, Delhi.

(2.) The above-noted petitions arise out of different complaints filed under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act) and involve the same parties. Accordingly, the petitions are taken up for hearing together and shall be disposed of by a common order.

(3.) Learned counsel for the petitioner submits that vide the impugned orders, the petitioner has been summoned by the learned Magistrate in the aforesaid complaint cases without due application of mind. It is contended that while passing the impugned orders, learned Metropolitan Magistrate failed to appreciate that all the four cheques in question issued on behalf of respondent No. 2/company (hereinafter referred to as "the accused company" ) from 30/3/2014 to 31/1/2016 were signed by respondent No. 3, being the sole authorized signatory and Managing Director thereof.