SANTOSH DEVI Vs. STATE (NCT) OF DELHI)

JUDGEMENT

(1.) By way of present petition filed under Sec. 482, Cr.P.C., the petitioner seeks clubbing of Complaint Case Nos. 9213/2019 and 9214/2019 both titled as 'Smt. Santosh Devi vs M/s Synergy Earth Movers' pending before the Court of learned MM, North West, Delhi.

(2.) Briefly, the facts as available from the complaint/material placed on record are that the petitioner has alleged that respondent No.2 is a proprietorship firm and that respondent No.3 is the director/proprietor of the said firm, looking after its day-to-day affairs. It is further alleged that respondent No.3 had approached the petitioner through an offer letter for providing machinery for a project on Yamuna Expressway, and the same came to be accepted by the petitioner. As per the offer letter, payment would be made by respondent Nos.2 and 3, on the basis of the bills raised by the petitioner. In response to the bills raised by the petitioner, following 3 cheques were issued:-

(3.) When the said cheques were presented for encashment, they were dishonoured with the remark 'insufficient funds' vide return memo dtd. 6/3/2010. Legal notice was issued on 18/3/2010 thereby asking respondent Nos.2 and 3 to make the payment of Rs.3,40,000.00. However respondent Nos.2 and 3 failed to make the said payment.