PAWAN KUMAR AJMERA Vs. PARENTERAL DRUGS INDIA LTD

JUDGEMENT

(1.) Heard. This order will also govern disposal of M.Cri.C. No. 6174/2012, which has been filed against the similar order on the identical grounds on the same fact situation.

(2.) The petitioner has filed the present M.Cr.C. under Section 482, Cr.P.C. challenging the order dated 7-8-2012 in Criminal Case No. 25920/2009, whereby the petitioner's application for discharge has been rejected.

(3.) In brief, the facts of the present case are that respondent No. 1 had filed a complaint under Section 200 of Cr.P.C. alleging commission of offence under Section 138 of Negotiable Instruments Act on the plea that two cheques bearing No. 057026, dated 24-2-2008 for Rs. 50,00,000/- and No. 0570207, dated 25-2-2008 for Rs. 50,00,000/- were issued in the name of respondent No. 1 by respondent No. 2 company under the signature of respondent No. 3. Those cheques were presented by respondent No. 1 before the bank and were dishonoured on 22-8-2008. A notice was given by respondent No. 1 to the accused persons on 12-9-2008, which was received on 15-9-2008, but within 15 days the payment was not made, hence, the complaint was filed. The Trial Court had taken cognizance in the matter and rejected the petitioner's application for discharge. Hence, the present petition has been filed.