RAM KAWAR Vs. SMC GLOBAL SECURITIES LTD

JUDGEMENT

(1.) In the above caption two petitions, quashing of complaints under Section 138 of Negotiable Instruments Act, 1881 as well as summoning orders is sought on merits while urging similar pleas and so both the petitions were heard together and are disposed of by this common judgment. At the hearing, petitioner has appeared in person and has sought to argue these petitions while relying upon the decisions - 2014 (2) DCR 417, 2012 CRL LJ 1463, 2012 (4) JCC NI 245, 2011 (3) JCC NI 171, 2012 (2) DCR 589, 2011 (1) JCC NI 61, 2011 (4) JCC 3035, 2012 (4) JCC 2300, 2012 (1) JCC 408, 2012 (2) DCR 786, 2012 CRL LJ. 625, 2011(1) JCC NI 42, 1998 Crl. LJ 1, 2012 Crl. LJ 1204, 2006 (2) JCC 198, 2012 (1) DCR 70, 2011 (1) DCR 97, 2005 SCC Crl. 242, 2010 (1) Crimes 430, 2000 Crl. L.J. 1251, 2007 Crl. L.J. 2207, (2012) 5 SCC 424, 2012 (2) DCR 217, 2013 (2) DCR 577, 2012 Crl. L.J. 438 and 2013 (2) DCR 230; to submit that there was no legally enforceable debt and the cheques in question are forged and fabricated.

(2.) Learned Counsel for respondent/complainant submits that in the complaints in question the amount is of Rs. 26 lakh in all and in civil proceedings, petitioner has already admitted his liability. To submit so, attention of this Court is drawn to paragraph 12 of order of 26th March, 2014 in O.M.P. 1047/2013, which reads as under:

(3.) When confronted with the aforesaid admission, petitioner submits that he has not challenged the aforesaid order as aforesaid order was to merge with the final Award to be passed in pursuance to the arbitration proceedings. It was pointed out by learned Counsel for respondent that Notice under Section 251, Cr.P.C. has already been framed and petitioner has not challenged abovesaid Notice and now the matter is pending before the trial Court for cross-examination of respondent/complainant but petitioner is not coming forward to do it, due to pendency of these proceedings.