S.T.G. INTERNATIONAL LTD Vs. RAJESH MALHOTRA

JUDGEMENT

(1.) BY virtue of these three petitions under Section 482 of the Code of Criminal Procedure, 1973(the Code), the Petitioners seek quashing of the three criminal complaints preferred under Section 138 of the Negotiable Instruments Act, 1881(the Act) against the Petitioners. Petitioner No.1 is a company, Petitioner No.2 is its Chairman and Chief Executive Officer and Petitioners No.3 to 7 are its Directors. The dispute which led to the filing of the three criminal complaints is recapitulated hereunder.

(2.) PETITIONER No.1 entered into a lease agreement to let out premises No. A -573, Phase -V, Gurgaon consisting of basement, ground floor, second floor, terrace, etc. etc. The tenancy came into existence in the year 2004. Initially, the rate of rent was Rs.1.5 lakhs per month. An interest free security of Rs.9 lakhs was also deposited by Petitioner No.1 at the time of creation of the initial lease. The rent of the premises was increased from time to time. Ultimately, the new lease in question was entered into on 15.07.2009 and was to be effective for a period of four years w.e.f. 16.12.2008. The rate of rent which was fixed was Rs.2,90,000/ - per month. The rent was liable to be increased further by 10% after completion of the initial term of one and a half years. Petitioner No.1 was also liable to pay interest @ 15% on delayed payment of rent.

(3.) SIMILARLY , Complaint No.492/1/10(Crl.M.C.2804/2012) relates to following three cheques: <FRM>JUDGEMENT_3458_ILRDLH23_2013 (2).htm</FRM>