LAWS(DLH)-2024-1-220

JITENDRA BHATI Vs. SANTOSH DEVI

Decided On January 16, 2024
Jitendra Bhati Appellant
V/S
SANTOSH DEVI Respondents

JUDGEMENT

(1.) By way of present petitions filed under Sec. 482 Cr.P.C., the petitioner seeks quashing of the Complaint Case Nos. 9213/2019 and 9214/2019 filed under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as 'NI Act') both titled as 'Santosh Devi v. M/s. Synergy Earth Movers' pending before learned Metropolitan Magistrate, (North-West), District Court Rohini, Delhi.

(2.) Considering that the facts and the parties are common as well as the fact that the learned counsels for the parties have also addressed common submissions, both the cases are taken up together and disposed of vide this common judgment.

(3.) Briefly, the facts as available from the material placed on record are that the respondent has alleged that M/s Synergy Earth Movers is a proprietorship firm and the petitioner is the director/proprietor of the said firm, looking after its day-to-day affairs. Further, it is alleged that the petitioner approached the respondent through an offer letter providing machinery for a project on Yamuna Expressway, and the same was accepted by the respondent. As per the terms of the offer letter, payment would be made by M/s Synergy Earth Movers and petitioner on the basis of the bills raised by the respondent. In response to the bills raised by the respondent, following 3 cheques were issued:-