S.G WINES Vs. SAB MILLER INDIA LTD.

JUDGEMENT

(1.) The present petitions are filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('CrPC') essentially seeking quashing of Criminal Complaint Nos. 10977/2018, 10966/2018, 10965/2018, 10967/2018 and 10963/2018 filed by the respondent against the petitioners for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 ('NI Act') read with Sec. 141 of the NI Act.

(2.) The petitioners have also challenged the respective summoning orders in the aforesaid complaints.

(3.) The brief facts of the cases are that Respondent No.2 (the complainant company), which is a manufacturer and distributor of various brands of beer, had entered into a Distribution Agreement dtd. 1/4/2016 with Petitioner No.1 (the accused firm) whereby Petitioner No.1 was appointed as the exclusive distributor for Respondent No.2 in Puducherry. It is alleged that a sum of Rs.1,07,93,057.81 was due to be paid by Petitioner No.1 against purchase of beer. In furtherance of the same, multiple cheques were issued on behalf of Petitioner No.1 to the complainant company which were returned unpaid with remarks- "ACCOUNT CLOSED". Petitioner No.2 is the partner of Petitioner No.1 firm and the authorised signatory of the cheques in question.