SAHEB SINGH Vs. STATE

JUDGEMENT

(1.) PRESENT petition has been filed under Section 482 Cr.P.C. seeking quashing of the impugned summoning order dated 8th January, 2007 and proceedings arising out of criminal complaint case No. 1955/1, under Section 138/141/142 of Negotiable Instrument Act (in short as Act) pending be fore the court of Sh. Rakesh Pandit, M.M., New Delhi.

(2.) RESPONDENT No.2 (M/s Skol Breweries Ltd.) the complainant had filed complaint under Section 138,141 and 142 of the Act read with Section 420 IPC against the present petitioner as well as one Mohd. Raiz. The case of respondent No.2 is that this company is engaged in the business of manufacturing, selling, supply of different brands of beers and also disposes of Spent Grain to interested parties. M/s Jai Jagdamba Enterprises (accused No. 1) was a proprietorship concern and petitioner Saheb Singh (accused No.2) was its proprietor. The petitioner on behalf of the accused No.l was buying goods from the units of complainant company and as per agreement dated 1st May, 2005, an outstanding of Rs.62,52,028 had accrued against the accused Nos.l and 2 towards the price of said goods.

(3.) THEREAFTER , the accused persons had further purchased goods from respondent No.2 and a further sum of Rs.26,51,598/- has accrued against them. Thus, the accused persons became liable to make payment of Rs. 89,03,656/-to respondent No.2. The above named accused persons issued cheques bearing No.744222 and 744223 dated 10th August, 2006 each for a sum of Rs. 62,52,058 and Rs. 26,51,598/- towards price of the said goods and in discharge of their legally payable debt/liability. The impugned cheques were deposited in the bank but were got dishonoured and returned unpaid with the reason "Funds Insufficient". Thereafter, a statutory legal notice was issued to the accused persons calling upon them to make the payment but they did not make any payment and sent a reply dated 11th September, 2006 wherein accused No.l & 2 categorically denied their liability, and even have gone to the extent by saying that the accused No.3 has no concern with them.