NIDHI KNITWEARS (P) LTD. Vs. HONEY HOSIERY MILLS

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure has been filed with a prayer for the quashing of the order dtd. 21/3/2018 (Annexure P-5) passed by Sh. Kuldip Kumar Kareer, Additional Sessions Judge, Ludhiana, in Criminal Crl.A-6 dtd. 8/2/2016 titled 'Nidhi Knitwears versus Honey Hosiery Mills, vide which the application filed by the petitioner, for permission to compound the offence, has been dismissed.

(2.) The brief facts of the case are that the complainant/respondent M/s Honey Hosiery Mills filed a complaint, through its sole proprietor Anju Jain under Sec. 138 of the Negotiable Instruments Act (for short 'the Act') against Chhote Lal Pandit, Director, M/s Nidhi Knitwears, on the ground that the respondent/complainant and petitioners/accused were having business deals and it was alleged in the complaint by respondent that in order to discharge his pre-existing legal liability, petitioner No.2 issued cheques bearing 525363 dtd. 16/10/2011 for a sum of Rs.77345.00, cheques bearing No.545364 dtd. 18/10/2011 for a sum of Rs.56251.00 and cheque bearing No.541443 dtd. 10/10/2011 for a sum of Rs.91,400.00 all drawn of Bank of Maharashtra, Ludhiana, totalling amount of Rs.2,24,996.00. It was the allegation in the complaint that the cheques were dishonoured with the remark 'payment stopped by drawer'.

(3.) Pursuant thereto, the accused -petitioners were summoned and finally convicted by the Court of the Judicial Magistrate Ist Class, Ludhiana vide judgment dtd. 12/1/2016 (Annexure P-1).