M/S. CENTUM LEARNING LTD Vs. GURPREET SINGH

JUDGEMENT

(1.) M /s. Centum Learning Ltd. and others seek quashing of the complaint pending before Judicial Magistrate 1st Class, Ferozepur; the summoning order dated 14.5.2011 and the proceedings arising therefrom on various grounds in Criminal Misc. M No. 35220 of 2011 (M/s. Centum Learning Ltd., New Delhi and others Vs. Gurpreet Singh). Petitioner No. 1 -Company is engaged in management training and coaching of students to various Universities for different programmes. In order to open its educational centre at Mohali, the petitioners approached the respondent, who had a built up property measuring 21863 sq.feet comprising of basement, ground floor, first and second floor. The petitioners accordingly entered into a lease deed with Baldev Singh, who is a GP. A holder of his son Gurpreet Singh and Smt. Kuljit Kaur on 29.3.2010. The respondent accepted the cheque of Rs. 38,80,000/ - at New Delhi towards the interest free security deposit. The petitioners also paid an amount of Rs. 17,40,000/ - as advance rent. The premises were accordingly handed over to the petitioner -company on 30.6.2010 on the basis of a registered lease deed.

(2.) THE petitioner -Company accordingly paid rent to the respondent for the period from July 2010 to September 2010 at the rate of Rs. 8,70,000/ - per month, as per the lease deed. Subsequently, some dispute arose between the parties and various telecommunication and e -mail communications followed. The petitioners claim to have handed over the possession of two floors premises to the respondent on 10.10.2010 as per mutual understanding. The process of exchanging e -mails again started for sorting out the differences between the parties. It is averred that the parties finally settled and the petitioners then issued a cheque @ Rs. 5,50,000/ - per month for the months of October, November and December. Some post dated cheques were statedly given for the period from January 2011 to September 2012 and the respondent encashed the cheques for the period from October 2010 to March 2011. As per the petitioners, they had conveyed that in case the revised agreement is terminated, then unused cheques shall be duly returned and in case these are not returned, then the petitioner tenant would have the authority to stop the payment thereof

(3.) ON 2.6.2011, the respondent sought appointment of Arbitrator, to which the petitioners suggested the names of five retired Judges. No reply was received to the same. In the meantime, the respondent filed a complaint under Section 138 /142 of the Negotiable Instruments Act (for short, "the Act") read with Section 420 IPC at Ferozepur. Judicial Magistrate, Ferozepur, after recording pre -summoning evidence, has issued summons to the accused on 14.5.2012. It is alleged that the petitioners have issued cheque No. 013508 dated 10.4.2011 towards discharge of their existing liability and on presentation of the same at Ferozepur, the said cheque was dishonoured with endorsement 'payment stopped by drawer'. As per the allegation, the petitioners failed to discharged the liability even after notice and hence, an offence under Section 138 of the Act. Petitioner Nos. 2 and 3 appeared before the Court and have been granted bail. They, however, could not appear on 19.9.2011, which was the next date and were granted exemption. The case was then adjourned to 22.10.2011 and now the petitioners have filed the present petition for quashing of the complaint and the summoning order.