RAVINDRA DESHMUKH Vs. PROMINENT ADVERTISING SERVICE

JUDGEMENT

(1.) THESE petitions under Sections 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seek the quashing of complaint Nos. 1010, 1011 and 1012 of 2002 titled Prominent Advertising Services v. Time and Space Media Entertainment Promotions Ltd. and Others pending in the Court of learned Metropolitan Magistrate (MM), Delhi under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) in so far as it concerns the petitioners.

(2.) EACH of the aforementioned complaints was filed by Prominent Advertising Services, the complainant, in respect of the dishonour of the cheques issued by Time and Space Media Entertainment Promotions Ltd. (hereinafter the Company) in favour of the complainant towards liabilities owed by the Company to the complainant.

(3.) THE brief facts leading to the filing of the complaints were that on 2nd June, 1997 the complainant was approached by the accused for release of certain Telugu feature films through the television network of Doordarshan from the Hyderabad Kendra. A contract was entered into for this purpose on 12th June, 1997 whereby it was agreed that the complainant would place contracts for and on behalf of the accused with the Doordarshan Kendra Hyderabad for telecast of feature films and that the accused would issue post dated cheques between 55th to 70th day from the date of telecast of each feature film and that the accused would pay to the complainant commission @ 3.5% of the contract value. The contract we\s entered into at New Delhi and all the disputes were made subject to the jurisdiction of the courts in New Delhi. The cheques issued by the Company in favour of the complainant when presented were dishonoured. The complainant filed suits under Order XXXVII of the Code of Civil Procedure (CPC) in this Court against the Company and its Directors including the petitioners here on 6th December, 1997. Soon thereafter the complainant also filed the criminal complaints as mentioned aforesaid.