JORD ENGINEERS INDIA LIMITED Vs. NAGARJUNA FINANCE LIMITED

JUDGEMENT

(1.) The petitioners herein have filed the present petitions under Section 482, Cr. P.C. for quashing the criminal complaints lodged against them under Section 200, Cr. P.C. and Sections 138 and 142 of the Negotiable Instruments Act. The petitioners herein were the accused in the criminal complaints. The first respondent herein was the complainant in all the petitions. It was averred in the complaints that the complainant-company is incorporated under the Companies Act, 1956 having its Registered Office at Nagarjuna Hills, Panjagutta, Hyderabad, engaged in the business of finance under hire-purchase and leasing and the complainant is represented by its Legal Officer Authorised Signatory.

(2.) It is further stated by the complainant in its complaints that the accused executed hire-purchase agreements in favour of the complainant and the amounts are payable as per the agreements. Some amounts were due to the complainant's company and, therefore, the accused issued cheques in favour of the complainant. When they were presented for honour, they were returned with an endorsement "Refer to Drawer." Thereafter, the complainant issued legal notices u/S. 138 of the Negotiable Instruments Act. Notices were not claimed and they were refused by the accused. The complainant waited for 15 days and thereafter filed the complaints.

(3.) On presentation of the complaints, cognizance was taken by the learned Magistrate and summons were issued to the accused. On receipt of summons, the accused-petitioners herein have filed the petition u/S. 482, Cr. P.C. for quashing the same.