SATVINDER JEET SINGH SODHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are aggrieved by order issuing process in CC.No.3461 of 2013, passed by the Metropolitan Magistrate 7th Court at Dadar, Mumbai.

(2.) The complaint was fled for offence under Sec. 138 of Negotiable Instruments Act ('NI Act', for short) alleging that, the complainant company is engaged in business of various types of material handling equipments. The accused no.1 is a company. Accused no.10 is its secretary. Accused Nos.11 and 12 are authorised signatory of accused no.1. Accused nos.2 to 9 are Directors of accused no.1 company. Accused nos.2 to 12 are responsible for day to day affairs of accused no.1 company and they are responsible for transactions of this case. Accused no.1 is the customer of complainant company. Directors of accused no.1 had placed orders with the complainant for Electromagnetic Oil Cooled Overband Magnetics Separator on behalf of accused no.1. As per requirement of accused no.1 company, the complainant company delivered the material to consignee at their instance. There was no objection from accused regarding quality and quantity of the goods. In discharge of the liability, the accused no.1 issued a cheque signed by accused nos.11 and 12. The cheque was for an amount of Rs.29,31,849.30. The cheque was presented by complainant with their banker. It was dishonoured with reasons 'Funds insuffcient'. Notice was duly served on accused nos.1, 2, 3, 6, 9, 11 and 12 on 17/8/2013 and envelope returned to advocate with remark, 'Not claimed' regarding accused no.5 and 8. Regarding accused nos.4, 7 and 10, complainant did not receive any postal acknowledgment. Complaint was fled on 30/9/2013, for the offence punishable under Sec. 138 of Negotiable Instruments Act ('NI Act', for short). Process was issued.

(3.) Learned advocate for applicants submitted as follows: