VEENA RAM AND OTHERS Vs. KANWALJIT SINGH

JUDGEMENT

(1.) This is a petition for quashing of criminal complaint under Sections 406/420/34 of the Indian Penal Code and the summoning order passed by the Judicial Magistrate Ist Class, Ludhiana.

(2.) Material facts are that Law Officer of Mukerian Paper Limited, a public undertaking, filed a complaint against M/s Sanjay Packaging Industries Pvt. Ltd. and two of its Directors; namely, Mrs. Veena Ram and Miss Anita Ram, with the allegations that on 22.7.1983 the petitioners as directors purchased paper worth Rs. 63,000/- and odd and made payment through a Bank Draft. About a month later on 27.8.83 the petitioners personally came to the Company's office at Ludhiana and made further purchases and issued two post dated cheques for a total amount of Rs. 1,36,000/- and odd. The cheques were presented to the bank and payment could not be made for want of necessary balance.

(3.) On the basis of complaint and after recording preliminary evidence, the learned Judicial Magistrate Ist Class, Ludhiana, summoned the petitioners. The petitioners seek quashing of the complaint and the summoning orders as an abuse of the process of the Court.