MOHNISH JAIN Vs. STATE OF U. P.

JUDGEMENT

(1.) Impugned in the present proceedings by way of leading application preferred by Mohnish Jain, Pawan Kumar Jain and connected application by Siddharth Jain is an order dtd. 21/7/2023 passed by the Court of Additional Civil Judge (J.D.), Court No. 4, Agra in Complaint Case No 18168 of 2023, whereby the applicants in both the applications have been summoned under Sec. 138 of the Negotiable Instrument Act, 1881 and the order dtd. 24/7/2024 passed by the Court of Additional Sessions Judge, Court No. 17, Agra in Criminal Revision Case No. 628 of 2023 (Pawan Kumar Jain and others Vs. State of U.P.) whereby the revision preferred by the applicants herein in leading application against the summoning order dtd. 21/7/2023 has been dismissed.

(2.) A joint statement has been made by the learned counsel for the parties that they do not propose to file any additional affidavit and the application be decided on the basis of the documents available on record. With the consent of the parties, the applications are being decided at the fresh stage.

(3.) Broadly, the facts are that the opposite party no. 2, Rohit Agarwal, claims himself to be a partner of a firm by the name of M/s. Metal Products which is engaged in manufacturing and supplying of Bare/Insulated Copper and Aluminium Wire. According to the opposite party no. 2, it had supplied bare/insulated copper and Aluminium wire to M/s. Kotsons Pvt. Ltd. which is a company registered under the Companies Act. Allegation is that for the discharge of liability which had accrued on account of purchase of the bare/aluminium wire, four cheques bearing no. 598081, 598082, 598083 and 598084 dtd. 1/12/2022 of Rs.50,00,000.00 each was drawn on behalf of the company Kotsons Pvt. Ltd. by one of the Director, Siddharth Jain who is the applicant in the connected application. The said cheques are stated to have been presented in the bank of the drawee/holder on 22/2/2023 which came to be dishonored on 23/2/2023 on account of insufficient funds. Statutory notices were issued to the company, Kotsons Pvt. Ltd. as well as the Director namely Mohnish Jain, Pawan Kumar Jain (applicants in the leading application) and Siddharth Jain (the applicant in the connected application) on 20/3/2023 which is stated to have been served upon the company as well as the applicants in both the applications who are Directors on 22/3/2023. Despite service of the statutory notice, when the said payments were not made so on 21/4/2023, a complaint under Sec. 138 of the NI Act came to be filed. The same led to issuance of the order dtd. 21/7/2023 passed by Additional Civil Judge (J.D.), Court No. 4, Agra in Complaint Case No. 18163 of 2023.