PAWAN GARG Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shyam Shankar Mishra, learned counsel for the applicant, Sri Pankaj Tripathi, learned A.G.A for the State and perused the record.

(2.) This application has been filed by the application to quash the entire criminal proceedings in Criminal Complaint Case No. 12120 of 2020 - R and S Air Conditioning Vs. M/s Aircon Gallery, under Sec. 138 N.I Act, pending in the Court of Civil Judge (Junior Division), F.T.C. / Judicial Magistrate, Ghaziabad.

(3.) In brief, facts of the case are that opposite party no. 2 instituted a complaint under Sec. 138 of the N.I. Act, against the applicant and his wife Smt. Kajal Garg and M/s Aircan Galary through it's Proprietor Smt. Kajal Garg (wife of the applicant), stating that opposite party no. 3 Smt. Kajal Garg is the proprietor of partnership firm of opposite party no. 1, and opposite party no. 2 is Manager / recognized person, main officer. Opposite Party Nos. 2 and 3 are regulating the firm together, which is involved in installation, fitting of ducting and fabrication work. There have been business relations between Sachin Sharma, the proprietor of the complainant firm and opposite party no. 2 Sri Pawan Garg. There has been mutual faith between both of them. Opposite party had given an oral work order in the month of August, 2019 to the complainant for the ducting site fabrication and A.C. Installation work along-with the dactable A.C. Machine for an amount of Rs.10,03,189.00 out of which Rs.5,45,189.00 was an arrears upon the opposite party.