CONSTRUCTION ENGINEERS & ANR Vs. V K SOOD

JUDGEMENT

(1.) Tersely, the facts & material, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, are that, initially, the complainant-respondent M/s V.K.Sood Engineers and Contractors (for brevitsy "the complainant") has filed the complaint (Annexure P1) against the petitioners-accused under Sections 138 & 142 of the Negotiable Instruments Act, 1881 as amended by the Banking, Public, Financial Institutions and Negotiable Instrument Laws (Amendment) Act, 2002 (55 of 2002), (hereinafter to be referred as "the NI Act"), inter-alia, pleading that the parties have entered into a joint venture agreement dated 20.6.2002 for completion of balance/additional works of 9 Single Line Railways Bridges across river etc. in question.

(2.) Sequelly, the complainant has presented one cheque, bearing No.10971022 dated 16.3.2006 for the amount of Rs. 10 lacs in the Union Bank of India, Sector 35-C Branch, Chandigarh for encashment, but the same was returned unpaid with the remarks "payment stopped by drawer", vide cheque return memo dated 15.7.2006, which was, in turn, forwarded to the complainant by the Union Bank of India, Chandigarh, by way of forwarding letter/memo dated 21.7.2006.

(3.) Likewise, the complainant, inter-alia, claimed that the impugned cheque issued by the petitioners was presented in the Union Bank of India, Sector 35-C Branch, Chandigarh for encashment, which was dishonoured. They (accused) have intentionally stopped the payment with mala fide intention. They have not made the payment of impugned amount despite receipt of legal notice. Inter-alia, in the background of these allegations, the complainant has filed the impugned complaint (Annexure P1) against the petitioners-accused in the manner depicted here-in-above.