MEHFIL HOSPITALITY LTD. Vs. S.A. KHAN

JUDGEMENT

(1.) As identical questions of law and facts are involved, therefore, I propose to dispose of the above indicated two petitions, by virtue of this common judgment in order to avoid the repetition. However, for facilitation, the facts have been extracted from CRM No.M-30540 of 2009 in this context.

(2.) The contour of the facts, which requires to be noticed for deciding the limited core question raised in these petitions and emanating from the record, is that Harmohan Dhawan, Managing Director (petitioner No.2), his wife Smt.Satinder Dhawan (petitioner No.3) and son Bikram Dhawan (petitioner No.4) Directors offered to allot the shares of Mehfil Hospitality Limited (petitioner No.1) to complainant S.A.Khan (respondent) and his brother S.M.Khan. They were claimed to have spent huge amount for renovation, payment of rent and restaurant started functioning. It was claimed that after reconciling the statements of accounts prepared by both the parties on 31.5.2009, a total sum of Rs. 57,43,642/- was worked out to be outstanding against the petitioners-accused and payable to complainantrespondent and his brother S.M.Khan. Consequently, the petitioners-accused issued the three cheques in favour of complainant in discharge of their indicated financial liability. As soon as the complainant presented the cheques for clearance, the same were dis-honoured, on the ground of insufficient funds. Faced with the situation, the complainant filed the complaint (Annexure P6) against the petitioners-accused under section 138 read with section 142 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act").

(3.) Sequelly, taking the cognizance on the complaint, the Chief Judicial Magistrate summoned the petitioners-accused to face their trial for the commission of above mentioned offences, by means of summoning order dated 10.8.2009 (Annexure P7).