HARBHAJAN SINGH KALRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRIMINAL Miscellaneous Nos. 3703-M of 1990, 3792-M of 1990 and 3794-M of 1990 shall be disposed of by this order as these petitions involve the same legal controversy and between the same parties. Harbhajan Singh, petitioner, happens to be the director of the company, Messrs. Orion Auto and Steel Industries (Pvt.) Limited, Indus trial Area, Banmore, District Morena (MP ). This company has also its office at Gwalior. Shri T. P. S. Kalra is another director of this company. The petitioner-company had business dealings with Messrs. Star Wire India Ltd. In Criminal Miscellaneous No. 3703-M, the complainant-company had supplied some goods and Shri T. P. S. Kalra, director of the accused company, issued a cheque for Rs. 1,27,648. 26 on May 15, 1989. The complainant company handed over this cheque to its banker, the Bank of Maharashtra, Faridabad, for collecting the amount. The bank sent this cheque to the Central Bank of India but it was returned with the remarks "refer to drawer". The complainant-company received intimation on August 2, 1989, of the dishonouring of the cheque by the banker. Thereafter, it gave notice on August 9, 1989, to the accused company, i. e. , Messrs. Orion Auto and Steels Ltd. , intimating the fact of dishonouring of the cheque and calling upon it to arrange for payment of this amount. On the failure of the accused to make payment of this amount, the complainant-company filed complaint on August 29, 1989, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as " the Act " ), against Harbhajan Singh, petitioner, and T. P. S. , Kalra, in their capacity of directors of that company. The trial court, after recording preliminary evidence, summoned the petitioner as well as his co-accused, Shri T. P. S. Kalra, to face trial for an offence punishable under Section 138 of the Act.

(2.) IN Criminal Miscellaneous No. 3792-M of 1990, the facts are almost the same except that the cheque which was dishonoured was issued by Shri T. P. S. Kalra on May 29, 1989, for Rs. 1,38,830. 35. This cheque also was dishonoured on June 14, 1989, with the remarks " refer to drawer ".

(3.) IN Criminal Miscellaneous No. 3794-M of 1990, the facts are almost the same as the petitioner had accepted that the dishonoured cheque was issued on June 14, 1989, for Rs. 2,19,335. 20. This cheque also was dishonoured on July 6, 1989, with the remarks " it exceeds arrangement ".