CHALLANI RANK JEWELLERY Vs. ASHOK KUMAR JAIN

JUDGEMENT

(1.) The Criminal Original Petition to quash the criminal complaint filed for offence under Sec. 138 of the Negotiable Instruments Act, 1881(in short "NI Act") is on the following two specific grounds.

(2.) The crux of the complaint against the petitioners: Complainant Mr.Ashok Kumar Jain, Proprietor of M/s Mangalkalsh Jewellers carrying on business at 152, Mint Street, First Floor, Sowcarpet, Chennai, is a dealer in silver articles and silver bullions. The first accused M/s Challani Ranka Jewellery, a partnership Firm, dealing with silver articles and silver bullions. The second and third accused are its partners. On 14/08/2020 M/s Chellani Ranka Jewellery purchased silver articles and silver bullions worth Rs.1,10,35,566.00 from the complainant under invoice even dated with promise to pay the price within 7 days, failing which will pay 24% interest p.a. till the date of payment.

(3.) Towards part discharge of the legally enforceable debt/liability, on behalf of the first accused, the second accused with the knowledge of the third accused issued 36 cheques drawn on Indian Overseas Bank, Sowcarpet Branch, Chennai. The cheques are for different amount drawn on various dates between 14/08/2020 and 30/09/2020, totally for Rs.1,05,35,566.00.