JYOTI KHANNA AND OTHER Vs. STATE AND OTHER

JUDGEMENT

(1.) These three petitions are filed by the petitioners against the same respondents/complainant and raise common question. Therefore, they are taken together and are being disposed of by this common judgment for the sake of convenience. The facts are stated.

(2.) M/s. Forech India Ltd. (hereinafter referred to as the company) was having business relations with M/s. Nirlon Ltd. (hereinafter referred to as the complainant). The complainant had supplied the goods from time to time to the company. According to the complainant, liability of the company on this account was Rs. 17,75,626.32 paisa as on 1.11.99 and in partial discharge of the said liability two cheques dated 1.11.99 for Rs. 5 lacs each were given by the company to the complainant and both these cheques were drawn on Bank of Punjab Limited. However, on presentation of these cheques by the complainant, they were returned dishonoured by the bankers of the company with remarks 'Payment stopped by the Drawer'. The complainant sent notice of demand dated 15.11.99 to the company by Registered Post and as the payment was not made, the complainant filed the complaint under Sections 138/141 of the Negotiable Instruments Act. After pre-summoning evidence was recorded, the learned Metropolitan Magistrate passed summoning order. In the complaint, apart from the company impleaded as accused No. 1, five more persons have been arraigned as accused persons. These petitions are filed by Mrs. Jyoti Khanna, accused No. 4, Mr. H.C. Garg, accused No. 5 and Dr. Suversha Khanna, accused No. 6 (although wrongly described as Dr. Suresh Khanna). Plea of all three petitioners is same, namely, they are wrongly impleaded parties as they were not incharge of and responsible for the day to day affairs of the company.

(3.) In paras No. 3 and 10 of the complaint, following averments are made qua these petitioners: