VIJAY MALPANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for quashing of complaint case No. 91/2 dated 09.05.2000, under Section 138 of the Negotiable Instruments Act (Annexure P-1), summoning order dated 02.09.2000 (Annexure P-2), and charge sheet dated 24.01.2006 (Annexure P-3), and all the consequential proceedings arising therefrom.

(2.) Respondent No.2-complainant was partner of M/S Parth International, Carnival Shopping Centre, The Mall, Ludhiana. He was authorized to file the complaint. Petitioner-accused Vijay Malpani and Smt. Kusum Malpani were the Directors and In-charge of M/s. Kay Vee Nigeria Ltd., a company duly incorporated under the Companies Act. Mrs. Kusum Malpany had been purchasing the goods from respondent on credit for the last 3-4 years with a promise to pay the invoice value of the goods so purchased within a period of 15 days from the receipt of the sale consignment, failing which Vijay Malpany and Smt. Kusum Malpani had to pay interest @ 18% per annum from the date of invoice till its payment. The petitioner had been making part payments towards the goods of purchase from time to time. The respondent was maintaining the account in the regular course of his business dealing. A sum of Rs. 15,43,000/- was due and recoverable from the petitioner besides the interest @ 18% per annum. Vijay Malpani issued cheque No. 668104 amounting to Rs. 4,00,000/- and cheque No. 6704020 dated 30.09.1999 amounting to Rs. 2,73,000/- and Smt. Kusum Malpani had issued cheque No. 523540 dated 05.09.1999 worth Rs. 8,70,000/- in favour of M/s. Parth International with the assurance to the complainant that the said cheques would be honoured as and when the same were presented for encashment. The complainant presented the said cheques for encashment through its bankers but were returned being dis-honoured. After completing the formalities of issuance of notice etc., the complaint (Annexure P-1) was filed before learned Area Magistrate, Ludhiana.

(3.) After completion of the preliminary evidence, learned Area Magistrate, Ludhiana, proposed to summon the petitioner to face trial for the commission of offence punishable under Section 138 of the Negotiable Instruments Act.