ANUBHAV MAHESHWARI AND OTHERS Vs. RPG INFRATECH

JUDGEMENT

(1.) Present criminal miscellaneous application, under section 482 Cr.P.C., has been preferred by the petitioners for quashing of the proceedings of criminal case no. 109 of 2017 RPG Infratech vs. MBL Infrastructure Ltd. and others pending in the court of Judicial Magistrate, Ranikhet District Almora and summoning order dated 25.07.2017.

(2.) Brief facts of the case, are that the respondent filed complaint under section 138 of Negotiable Instruments Act 1881 against the MBL Infrastructures Ltd. and its CMD and Directors, namely, Mr. Anjanee Kumar Lakhotia, Mr. Ashwini Kumar Singh, Mr. Darshan Singh Negi, Ms. Sunita Palta, Mr. Bhagwan Singh Duggal and Mr. Anubhav Maheshwari, with the averments that the complainant is a registered partnership firm and is involved in the civil engineering project. M/s MBL Infrastructures Ltd. (hereinafter referred as Company) is a company registered under the provisions of the Companies Act, 1956. A cheque no. 639991 dated 13.03.2017 for an amount of Rs. 1,35,84,099/- was issued in the name of the respondent which was dishonoured on account of "funds insufficient".

(3.) On filing of the criminal complaint, statement of the complainant under section 200 Cr.P.C. was recorded. In support of the complaint, copy of the original cheque and other documents were produced as evidence. The learned Magistrate, after perusal of the complaint and documents and statement recorded under section 200 Cr.P.C., passed the order dated 25.07.2017 summoning the petitioners under section 138 of N.I. Act.