MONTARI INDUSTRIES LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Heard Mr. B. S. Patel, learned Advocate for the petitioners, Mr. S. A. Pandya, learned A.P.P. for respondent No. 1 - State and Mr. Ashok L. Shah, learned Advocate for respondent No. 2.

(2.) Since all these matters involve identical question of law and as are between same parties represented by same Advocates, are disposed of by this common order. The petitioner No. 1 is a Corporate Body of which petitioner No. 2 is a Director. Respondent No. 2 is also a Company. As alleged, the petitioners borrowed some amount from respondent No. 2 and in repayment thereof gave some cheques of different amounts and dates drawn on Standard Chartered Bank, Parliament Street, New Delhi. On deposit, the said cheques were returned dishonoured, therefore, respondent No. 2 filed four different criminal complaints under S.138 of the Negotiable Instruments Act ('the Act' for short) in the Court of learned Metropolitan Magistrate (Court No. 9), Ahmedabad. The learned Magistrate was pleased to take cognisance and to issue process. Aggrieved by the institution and subsequently taking cognisance by the learned Magistrate, the petitioners/original accused have filed these petitions for quashing in exercise of inherent powers under S.482 of the Criminal Procedure Code ('the Code' for short).

(3.) A few relevant facts of all the cases are stated hereinunder : Misc. Criminal Application No. 2267 of 1997 Cheque No. 473530 dated 10-5-1996 drawn on Standard Chartered Bank, Parliament Street, New Delhi, for Rs. 30,00,000.00 (Rulees thirty lacs only) was issued by the petitioners to respondent No. 2 towards discharge of liability. The said cheque was deposited on 10-6-1996. As there were no sufficient funds the same was returned dishonoured on 13-6-1996 under intimation dated 18-6-1996 with an endorsement "exceeds arrangement". Consequently, the respondent No. 2 filed Criminal Case No. 2543 of 1996. Misc. Criminal Application No. 2268 of 1997. Cheque No. 473521 dated 10-5-1996 drawn on Standard Chartered Bank, Parliament Street, New Delhi, for Rs. 1,59,049.00 (Rupees one lac fifty-nine thousand forty-nine only) was issued by the petitioners to respondent No. 2 towards discharge of liability. The said cheque was deposited on 10-6-1996. As there were no sufficient funds the said cheque was returned dishonoured on 13-6-1996 under intimation dated 18-6-1996 with an endorsement "exceeds arrangement". Consequently, the respondent No. 2 filed Criminal Case No. 2544 of 1996. Misc. Criminal Application No. 2269 of 1997 Cheque No. 473523 dated 6-3-1996 drawn on Standard Chartered Bank, Parliament Street, New Delhi, for Rs. 2,65,283.00 (Rupees two lacs sixty-five thousand two hundred eighty-three only) was issued by the petitioners to respondent No. 2 towards discharge of liability. The said cheque was deposited on 10-6-1996. As the payment was stopped by the drawer on 15-6-1996, the same was returned on 19- 6-1996 with an endorsement "payment stopped by drawer". Consequently, the respondent No. 2 filed Criminal Case No. 2542 of 1996. Misc. Criminal Application No. 2270 of 1997 Cheque No. 473522 dated 6-3-1996 drawn on Standard Chartered Bank, Parliament Street, New Delhi, for Rs. 50,00,000.00 (Rupees fifty lacs only) was issued by the petitioners to respondent No. 2 towards discharge of liability. The said cheque was deposited on 10-6-1996. As the payment was stopped by the drawer on 15-6- 1996 the same was returned on 19-6-1996 with an endorsement "payment stopped by drawer". Consequently, the respondent No. 2 filed Criminal Case No. 2541 of 1996.