ASHWINI KUMAR SINGH Vs. RPG INFRATECH

JUDGEMENT

(1.) The present application under Sec. 482 of the Code of Criminal Procedure has been moved by the Applicants, namely Mr. Ashwini Kumar Singh and Ms. Sunita Palta, seeking quashing of the entire proceedings of Criminal Case No. 109 of 2017, M/s RPG Infratech v. MBL Infrastructures Ltd. and others, pending before the learned Judicial Magistrate, Ranikhet, District Almora, as well as the impugned common summoning order dtd. 25/7/2017.

(2.) The Respondent filed Criminal Complaint No. 109 of 2017 under Ss. 138 and 141 of the Negotiable Instruments Act, 1881, alleging dishonour of Cheque No. 639991 dtd. 13/3/2017 for an amount of Rs.1,35,84,099.00, drawn on State Bank of India, Nehru Place Branch, New Delhi, issued by the accused company M/s MBL Infrastructures Ltd. in favour of the Respondent.

(3.) The cheque, upon presentation, was dishonoured due to insufficiency of funds. A statutory notice under Sec. 138 of the Negotiable Instruments Act was issued on 25/5/2017, but the payment was not made within the stipulated period. Consequently, a complaint was filed, whereupon cognizance was taken, and summons were issued to all the accused, including the present Applicants, on 25/7/2017.