GAZAL CHADHA Vs. RAJPAL BANSAL AND OTHER

JUDGEMENT

(1.) This order of mine shall dispose of two petitions under Sec. 482 Cr.P.C, for quashing of complaints filed under Negotiable Instrument Act, 1881 (hereinafter referred as NI Act), summoning orders as well as the subsequent proceedings arising therefrom. While in CRM-M-10552016, the subject matter i.e. complaint No. 8495 dtd. 27/11/2015 along with summoning order dtd. 30/11/2015; whereas in CRM-M-1894-2016 it is complaint No. 8497 dtd. 27/11/2015, besides the summoning order dtd. 30/11/2015.

(2.) Facts giving rise to the abovesaid complaints are similar and have been taken from CRM-M-1055-2016 involving complaint No. 8495 dtd. 27/11/2015, tilted as 'Rajpal Bansal Vs. M/s Chadha Motors and others'. In the complaint, it has been alleged that accused no.1 is a partnership concern and accused nos.2 to 5 are the partners who are actively participating in its affairs being responsible for all acts and conduct of business of the same on day to day basis; accused nos.2 to 5 being known to the complainant approached him in the month of April 2014 and represented that because of recession and down fall in the sale of cars, they were in dire need of financial assistance. Induced by the representations made by the accused, the complainant released a sum of Rs.7,00,000.00 and on insistent demands about its return, the accused issued cheque no. 205503 dtd. 20/10/2015 in order to discharge the legally enforceable liability.

(3.) The above said cheque when presented was returned unpaid by the bank with the remarks 'Funds Insufficient'; despite receipt of the demand notice dtd. 29/10/2015, the accused failed to make the payment resulting into filing of complaint dtd. 27/11/2015, under Sec. 138 of the Negotiable Instruments Act, 1881, before JMIC, Ludhiana followed by summoning order dtd. 30/11/2015. Similarly, in CRM-M-1894-2016, complaint No.8497 dtd. 27/11/2015, tilted as M/s Raj Soap and Detergents Pvt.Ltd. Vs. Chadha Motors and ors.', relates to cheque no 206424 dtd. 20/20/2015 for Rs.40,00,000.00, presented for encashment on 8/10/2015 which was returned unpaid on 21/10/2015 with the remarks 'Funds Insufficient'.