GOYAL MG GASES PVT. LTD. Vs. STATE

JUDGEMENT

(1.) BY these petitions filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter after referred to as 'Cr.P.C.') read with Article 227 of Constitution of India, 1950, the petitioner assails orders dated 30.08.2014 and order dated 08.09.2014 (in Crl.M.C. No. 4731/2014) passed by learned Metropolitan Magistrate (South East) , Saket Courts, New Delhi whereby the complaint(s) have been returned to the petitioner/ complainant for filing the same in the Court having territorial jurisdiction to entertain and try the same.

(2.) SINCE all the petitions involve an identical question of law and, 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. 4407/2014. The petitioner is a company incorporated under the Indian Companies Act, 1956 having its registered office at 53, Friends Colony (East) , New Delhi and is primarily engaged in manufacturing and supplying of Industrial Gases to various corporate entities. Mr. Anurag Srivastava has been duly authorized by Board of Directors vide resolution dated 29.06.2010 to file, depose, prosecute and pursue the complaint on behalf of the complainant company. Respondent No. 3 herein (accused No. 2 in the original complaint) is the whole time Director of respondent No. 2 company whereas respondent No. 4 is the Managing Director of the accused company and the remaining respondent Nos.5 to 8 are also Directors of the accused company being the person in -charge and responsible for day -to -day affairs of respondent No. 2 company, approached the petitioner/ complainant company in the year 2008 and induced the complainant company by making a fraudulent representation and tall claim about prospects and success of the accused company and requested the petitioner/ complainant company to set up a plant of Oxygen, Nitrogen gases by installation of an Air Separation Unit on Build, Own and Operate (BOO) basis to fulfill the huge requirement of accused company for its steel plant at Vill - Kotmaar, Raigarh, Chhattisgarh. An agreement dated 30.05.2008 was executed between the complainant company and respondent No. 2/ accused company through its authorized representatives. For discharge of their legal liability, the respondent Nos.2 to 8 issued 60 post dated cheques of Rs. 26,00,000/ - (Rupees Twenty six lakhs) each. On presentation, the cheque was dishonoured with the remarks 'payment stopped by drawer' vide returning memo dated 20.09.2012. Despite service of statutory notice dated 26.09.2012, the respondents failed to make the payment of amount of the cheque.