GOOD LUCK TRADERS Vs. STATE

JUDGEMENT

(1.) THERE are three petitions filed by the petitioner under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') , assailing order dated 23.08.2014 passed by learned Municipal Magistrate -01, Karkardooma Courts, East, Delhi whereby the complaint(s) have been returned to the petitioner/ complainant for filing the same in the Court(s) having territorial jurisdiction.

(2.) SINCE all the petitions involve an identical question of law, therefore, all the petitions are being disposed of by this common order.

(3.) IN order to have better understanding of facts of the cases, it would be appropriate to refer to facts of one case. The facts are being extracted from Crl. M.C. No. 4106/2014. The complainant is a private Ltd. company incorporated under the Indian Companies Act, 1956. Mr. Vikas Kumar Tyagi is the person -in -charge/Marketing manager of complainant company and has been duly authorized by the complainant company vide resolution passed in the meeting of Board of Directors and also vide special power of attorney. The complainant and accused have had substantial business transactions in the past and in lieu of the business correspondence and financial transactions complainant company had sent payments to accused persons through RTGS and in discharge of part liability towards complainant co., accused no. 3 being the director of accused no. 1 and in connivance with accused no. 2, 4 and 5 issued cheque Nos.014295 dated 17.10.2013 for Rs. 1,40,00,000/ - (Rupees One crore forty lakhs) , 014229 dated 17.10.2013 for Rs. 28,00,000/ - (Rupees Twenty eight lakhs) and 018112 dated 18.10.2013 for Rs. 1,00,00,000 (Rupees One crore) all drawn on IDBI Bank, Bhubaneswar Orissa -751022. On presentation, the said cheques were dishonoured with the remarks 'Exceeds Arrangements & Signature Differ' vide memo dated 16.11.2013. Despite statutory notice dated 06.12.2013, the accused company failed to make the payment of the said cheques.