VIJAY POWER GENERATORS LTD. Vs. TARUN ENGINEERING SYNDICATE

JUDGEMENT

(1.) These four petitions are filed under Sec. 378(4) of the Code of Criminal Procedure, 1973 ("CrPC") seeking grant of leave to appeal against the judgment dtd. 30/10/2017 passed in C.C. No. 2895/2017, C.C. No. 2894/2017, C.C. 2900/2017 and C.C. 2896/2017 by the learned Metropolitan Magistrate, Karkardooma Courts, Delhi wherein the learned Trial Court acquitted the respondent for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 ("NI Act") and also seeks setting aside of the order dtd. 14/10/2017 wherein the learned Trial Court dismissed the application filed by the petitioner under Sec. 311 of CrPC seeking examination of Sales Tax Officer.

(2.) The brief facts of the case are that the petitioner is a company engaged in the business of selling power generators and related equipment and has claimed that the respondent namely M/s Tarun Engineering Syndicate has purchased materials related to Diesel Generator Sets etc. against bills. The respondent issued the following cheques for making part payments against the said purchases:-

(3.) On presentation of these cheques, the same were returned dishonored with endorsement "account closed" (wrongly mentioned as "payment stopped by drawer" in LP No. 16 of 2018). Thereafter, legal demand notice was issued by the petitioner to the respondent. As the respondent failed to pay within the stipulated time, the petitioner filed four (4) separate complaints against the respondents.