ANIL BHARGAVA Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeks the quashing of Complaint Case No. 458 of 2001 titled 'Air Force Group Insurance Society (AFGIS) v. PAAM Pharmaceuticals Ltd. and Ors.' under Sections 120B read with 404/415/420/467/468/471/477A Indian Penal Code (IPC) pending in the Court of the learned Metropolitan Magistrate (MM), Delhi, in so far it concerns the three petitioners.

(2.) ACCORDING to the Petitioners, on 1st December 1998 in respect of the dishonor of a cheque No. 283824 for a sum of Rs. 4.5 lakhs, the Respondent No. 2 AFGIS instituted a complaint case against the Petitioner No. 3 PAAM Pharmaceuticals (Delhi) Ltd. ['Company'] and its Directors and senior management personnel under Section 138 of the Negotiable Instruments Act, 1881('NI Act') and 415/420 IPC. Even before a summoning order could be issued in this complaint, the AFGIS instituted another complaint on 24th February 1999 against the same parties in respect of the dishonour of two cheques bearing Nos. 283825 for Rs. 4.5 lakhs and No. 283826 for Rs. One crore under Section 138 NI Act and 415/420 IPC.

(3.) THE AFGIS instituted a third complaint on 25th September 2000 in regard to the same set of transactions against the Company and its Directors for the offences and employees under Sections 405/420/467/468/471/477A/ 120B IPC. The third complaint, being CC No. 458 of 2001 did not advert to the fact of the pendency of the earlier two complaints. On 12th November 2003 a third summoning order was issued by the learned MM summoning the Petitioners for the offence under Sections 405/420/467/468/471/477A/ 120B IPC.