FREE INDIA CONCEPTS Vs. STATE

JUDGEMENT

(1.) THE above titled two petitions i. e. Crl. M. C. No. 787/07 pertains to Crl. Complaint Case No. 1073/1 titled M. V. Keshawan v. Free India Concepts and Ors. under Section 138 of Negotiable Instruments Act (hereinafter referred to as NI Act) regarding two cheques of Rs. 60,000/- and Rs. 10,000/-respectively and Crl. M. C. No. 788/07 relates to Crl. Complaint Case No. 1072/1 titled Geetha Gangadharan v. Free India Concepts and Ors. under section 138 of NI Act regarding dishonoring of two cheques of Rs. 5500/-each.

(2.) BOTH the sides states that these two petitions can be heard and disposed together. Petitioners in both these petitions are M/s. Free India Concepts and its Chairman and Managing Director and the Head of Delhi region of the aforesaid company. Their stand in these two petitions is that one Mr. S. KGanguli had represented to respondent No. 2 that he was the agent of the m/s. Free India Concepts and had induced respondent No. 2 to join the multi level marketing venture by becoming its agent and after respondent No. 2 became the agent under the aforesaid venture at the instance of Mr. S. K. Ganguli, who is an accused before the trial court. Respondent No. 2 felt cheated and called upon accused Mr. S. K. Ganguli to refund the amount deposited and accordingly aforesaid SK Ganguli issued post dated cheques as referred to above, which were dishonored with the remarks insufficient funds.

(3.) IN the aforesaid two complaints under Section 138 of the N. I. Act, impugned in these two petitions, petitioners herein have been summoned as accused by the trial court vide impugned order dated 22nd December, 2004