VIJAYRAJ SURANA Vs. BHIMA JEWELLERY

JUDGEMENT

(1.) Both the Criminal Original Petitions have been filed to quash the private complaints filed under Section 138 of the Negotiable Instruments Act, 1881.

(2.) Since the petitioner and the respondents are one and the same, both the petitions have been heard together and disposed of by this common order.

(3.) The petitioner is the second accused in both the cases. The first respondent herein filed two private complaints, on the ground that, the first accused in this case, namely M/s.Surana Corporation Limited, is a Company, and the petitioner herein is the Managing Director of the first accused. The third accused is the Director and the fourth accused is the Additional Director of the first accused Company. The complainant is running Jewellery Shops under the name and style of "Bhima Jewellery" at Nagercoil, as well as at Madurai. The accused approached the complainant for supplying standard gold to them and on the assurance given by the accused, the complainant has paid an advance money to them. But, after receipt of the money, the accused have failed to supply the standard gold and as such, there was an outstanding advance amount of Rs.2,50,00,000/- [Rupees Two Crores and Fifty Lakhs only] to the Madurai Branch and Rs. 2,50,00,000/- [Rupees Two Crores and Fifty Lakhs only] to Nagercoil Branch. In order to discharge the above liability, the accused issued two post-dated cheques dated 06.05.2015 drawn on Punjab National Bank, Chennai, bearing Cheque Nos.484148 and 484147. Subsequently, the complainant presented the cheques on the instructions given by the accused in Federal Bank, Madurai, on 03.08.2015. The same were returned by the Bank on the ground of "Funds Insufficient". Thereafter, the complainant issued a common statutory legal notice on 14.08.2015 to the accused, calling upon them to pay the amount. Though the accused received the notice, they did not send any reply and also failed to pay the amount. Hence, the two complaints have been filed before the learned Judicial Magistrate No.1, Madurai, and the learned Judicial Magistrate has taken cognizance of the offence and issued summons to the petitioner. Now, to quash the above complaints, the present petitions have been filed.