SANJAY AGGRAWAL Vs. ANITA GOEL

JUDGEMENT

(1.) THE above captioned five petitions arise out of Criminal Complaints No. 396, 398, 3990 of 2005 and criminal complaint no. 1624 of 2006 registered under section 138 of the Negotiable Instruments Act, 1981 in which petitioners have been summoned as an accused. Four petitions have been filed by Smt Antu aggarwal who is the partner of M/s Sanjay Steel Tube Company which is also an accused in these proceedings. The fifth petition is by petitioner Sanjay aggarwal who is also a partner of the aforesaid accused firm and is the husband of co-partner Antu Aggarwal petitioner herein. The third partner of this accused firm is Mr. Ajay Aggarwal who is the brother of petitioner Sanjay Aggarwal and brother-in-law of petition Antu Aggarwal and is said to be absconding.

(2.) IT is highlighted by the petitioners that the cheques in question in the complaint impugned herein are said to be signed by Shri Ajay Aggarwal, partner of the accused firm. It is matter of record that the cheque amount in the petition No. 1538/06, is of Rupees Two Lacs and Ten Thousand only, in the petition no. 1576/06 is rupees One Lac and Five Thousand only, in petition no. 1561/06 is Rupees Four Lacs only and in petition no. 5/2007 the cheque amount is Rupees Four Lacs only and again in petition no. 2700/07 it is Rupees Four lacs only. Criminal Miscellaneous No. 1576/06 and Criminal Miscellaneous no. 2700/2007 filed by petitioner Sanjay Aggarwal and his wife Antu Aggarwal arise out of common criminal complaint no. 398/05.

(3.) IN the above background, all these five petitions have been heard together with the consent of both the sides and are being disposed of together by this common order.