INDER SEHGAL Vs. THAKAR PETRO CHEMICAL LTD

JUDGEMENT

(1.) THIS order will dispose of Criminal Misc. No. 20830-M of 2001 and Criminal Misc. No. 20872-M of 2001 as they are between the same parties and the facts are similar. Criminal Misc. 20830-M of 2001.

(2.) IN this Criminal Petition, the petitioner has sought the quashing of the complaint dated 12. 5. 1998 (Annexure P-1), the summoning order dated 3. 5. 1999 (Annexure P-2) passed by the learned Chief Judicial magistrate, Sirsa and all consequential proceedings in pursuance thereof.

(3.) THE respondent M/s. Thakar Petro Chemicals Ltd. filed a complaint dated 12. 5. 1998 (Annexure P-l) against five accused including the petitioner Inder Sehgal under Section 138 of the Negotiable Instruments act (hereinafter referred to as "the Act" ). It was alleged that the complainant entered into business with M/s. Kay Ess Traders, which purchased goods worth more than Rs. 12. 00 lacs from the complainant. A sum of more than Rs. 5. 00 lacs was paid by M/s. Kay Ess Traders through cheques and Bank Drafts on different dates. Surinder Katyal alias raju Katyal issued a cheque bearing No. 200164 for a sum of Rs. 4,65,174. 37 in favour of the complainant drawn on Jammu Central cooperative Bank Ltd. Jammu. The said cheque was not honoured by the said Bankers of M/s. Kay Ess Traders for which the complaint was filed and the petitioner has been summoned. Criminal Misc. 20872-M of 2001