ANSHUMAN VASHISHATA Vs. BHUVNESH MAHAJAN

JUDGEMENT

(1.) By this common order, I intend to dispose off two petitions filed seeking quashing of complaint No.450 of 2021 dtd. 14/9/2021 (Annexure P-2) titled'Bhuvnesh Mahajan Vs. Sushant Kohli and ors.' under Sec. 138 of the Negotiable Instruments Act, 1881 (for short'NIA') read with Ss. 420, 406, 409, 120-B, 34 and 201 IPC and summoning order dtd. 17/10/2022 (Annexure P-1).

(2.) Respondent filed aforesaid complaint against the petitioners in the present two petitions and one Sushant Kohli, wherein he claimed that :-

(3.) Thus the gravamen of the complaint is that the complainant paid an amount of Rs.2,50,000.00 in cash for purchase of insurance policy to the petitioners and co-accused Sushant Kohli. However, when the policy could not be registered in the name of the complainant, on being confronted accused No.1, admitting his liability issued cheque for the said amount to the complainant. On presentation the said cheque was dishonored with the remarks'DORMANT ACCOUNT'. The complainant thus alleges cheating at the hands of the petitioners and the co-accused-Sushant Kohli and offence punishable under Sec. 138 of the NIA against accused No.1. Trial Court vide order dtd. 17/10/2022 summoned accused-Sushant Kohli for offence punishable under Sec. 138 of the NIA and Sec. 420 read with Sec. 120-B IPC. The present petitioners have been ordered to be summoned for offence punishable under Sec. 420 read with Sec. 120-B IPC.