RAGHAV ADITYA CHITS. PVT. LTD. Vs. MAYA TOYS

JUDGEMENT

(1.) This judgment shall govern the disposal of CRL.M.C. 1212/2020, 1227/2020 and 1228/2020, along with pending applications, arising out of similar set of facts, contentions, and prayers.

(2.) These petitions have been filed on behalf of the petitioners under Sec. 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.') seeking the following reliefs:

(3.) Brief facts of the case, as per the complaint filed under Sec. 138/141 read with Sec. 142 of Negotiable Instruments Act, 1881 ("NI Act') and read with Sec. 406/420/422 of Indian Penal Code 1860, are that the complainant/respondent i.e. M/s. Maya Toys (Saket) was an engaged in the business of toys and the accused no. 1/petitioner no. 1 i.e. Raghav Aditya Chits Pvt. Ltd. was a private chit fund having its office in Munirka, Delhi and accused no. 2/petitioner no. 2 i.e. Sumit Bodhraj was the Director of accused company. As per the complaint, the complainant was lured by the Director of accused company to contribute a monthly subscription for 25 months for a total chits value of Rs.30,00,000.00 and the said monthly subscription was to vary between Rs.1,20,000.00 to Rs.90,000.00 per month and a passbook had also been issued by the accused company to the complainant. It is alleged that the complainant had started depositing the amount with the accused company with effect from 17/12/2011 and had regularly did so till 21/1/2014 i.e. for a complete period of 25 months. Against the said payments made by the complainant, the accused persons were to make a total payment of Rs.28,50,000.00 to the complainant. It is stated that towards the said payment, the accused no. 1 through accused no. 2 had first issued a cheque of Rs.1,50,000.00 which was honoured on presentation and, thereafter, had issued three cheques bearing number 682801, 682802 and 682803 dtd. 28/1/2014, 30/1/2014 and 2/2/2014 respectively, drawn on Canara Bank, Munirka, New Delhi for a sum of Rs.9,00,000.00 each. As alleged, cheque bearing no. 682801, dtd. 28/1/2014, was presented by the complainant with its bank i.e. Bank of India, Hauz Khas, New Delhi, but the same had got dishonoured vide returning memo dtd. 4/2/2014 for the reasons 'Reject-Funds'. Thereafter, on the assurance of accused, the complainant had again presented the said cheque for encashment with its bank but the same had again got dishonoured on 24/2/2014 with the remarks 'R/F/I'. It is alleged that the accused had again pleaded about his financial difficulty and had requested the complaint to again present the cheque and had assured that it would be cleared on presentation, and accordingly, the complainant had again presented the same cheque for encashment but the same had got dishonoured for the third time on 8/3/2014 with the remarks 'Reject-Funds'. Similarly, cheque no. 682802, dtd. 30/1/2014, was presented by the complainant for encashment but the same had got dishonoured for the reasons 'Reject-Funds' on 3/3/2014. Thereafter, upon the request made by accused, the complainant had again presented the cheque with its bank but the same had again got dishonoured upon presentation on 8/3/2014 with the remarks 'Reject-Funds'. In respect of third cheque bearing no. 682803, dtd. 2/2/2014, the complaint had presented the same for encashment but the same had got dishonoured for the reasons 'Reject-Funds' on 5/3/2014. Again upon presentation, the cheque had got dishonoured on 8/3/2014. After that, the complaint had issued a legal notice dtd. 25/3/2014 under Ss. 138/141 of NI Act and Sec. 420 of IPC and had called upon the accused to make the payment of dishonoured cheques within 15 days. However, upon failure of the accused to make any payment, the present complaints i.e. C.C. No. 466867/2016, 466868/2016, and 466869/2016were filed before the learned MM by the complainant.