RATTAN INDUSTRIES LTD Vs. SHRUTI GUPTA

JUDGEMENT

(1.) The matrix of the facts & material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record, is that, petitioners-accused M/s Rattan Industries Ltd. through its Director Rakesh Bansal, had purchased hosiery items, from complainant-respondent Shruti Gupta wife of Rohit Gupta, sole proprietor of M/s Bharti Knits (for brevity "the complainant") at Ludhiana, during the financial year 2011-12 against the credit from time to time. The complainant-company is stated to have maintained regular account books during the course of its business, which are duly audited by the Chartered Accountant. The complainant repeatedly requested the petitioners to make payment in lieu of hosiery goods, but in vain. Ultimately, they issued two cheques, bearing Nos.122394 dated 29.12.2011 for an amount of Rs. 12,40,000/- & 122396 dated 29.1.2012 for a sum of Rs. 12,31,250/-, drawn on ING Vysya Bank Ltd. East of Kailash Branch, New Delhi to the complainant at Ludhiana. The complainant presented the indicated cheques for collection through its banker Punjab National Bank, Ludhiana, but the same were received back dishonoured with the memo dated 27.3.2012, containing remarks "Funds Insufficient". Thereafter, the complainant served a registered notice dated 19.4.2012 upon the petitioners-accused from Ludhiana, through Avinash Chander Gupta and Gaurav Gupta, Advocates of Ludhiana for payment of the dishonoured cheques within fifteen days, but in vain.

(2.) Leveling a variety of allegations and narrating the sequence of events in detail in the complaint, in all, the complainant claimed that since the pointed cheques issued by the petitioners-accused were dishonoured and even they did not make the payment, despite issuance of notice, so, they have committed the offences punishable under section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the NI Act") and Section 420 IPC. In the background of these allegations, the complainant filed the criminal complaint (Annexure P1) against the petitioners-accused for the commission of the indicated offences.

(3.) Taking cognizance of the matter and after considering the preliminary evidence, while dismissing the complaint against the other accused, the trial Court summoned the present petitioners-accused, to face the trial for the commission of offence punishable under section 138 of the NI Act, vide impugned summoning order dated 13.7.2012 (Annexure P2), which, in substance, is as under :-