K.K. TRACTORS Vs. MAHINDRA AND MAHINDRA LIMITED

JUDGEMENT

(1.) The present petition has been filed by the petitioners under Sec. 482 of the Code of Criminal Procedure, seeking quashing of complaint bearing No.NACT-852 of 2020 dtd. 10/8/2020 moved under Sec. 138 of the Negotiable Instruments Act titled as 'M/s Mahindra & Mahindra Limited vs M/s K.K. Tractors & others' along with all consequential proceedings arising out of it including order dtd. 30/10/2020 (Annexure P-8), whereby, they were ordered to be summoned for the offence under Sec. 138 of the Negotiable Instruments Act.

(2.) Succinctly, respondent (M/s Mahindra and Mahindra Limited) filed a complaint under Sec. 138 of the Negotiable Instruments Act against the present petitioners by stating that M/s K.K. Tractors, is a partnership concern and Vijay Kapoor and Damiyanti Kapoor are its partners. It was stated that M/s K.K. Tractors was appointed as dealer by the respondent-complainant Company for the sale/service of the product of the company and the accused have been managing the affairs of the firm and looking after the day to day business of the firm and were also responsible to the firm. It is stated that the accused were appointed as dealers by the respondent-complainant company for selling its products in the territory of Tehsil Patiala and Dudhan Sadhan (Punjab). It is the pleaded case of respondent-complainant Company that the accused had agreed to issue security cheques for recovering the price of goods supplied to the petitioners-accused on credit for enabling the respondent-complainant (company) to fill-in the security cheques bearing Nos.073922 and 073923, both drawn on State Bank of Patiala, Patiala in favour of Mahindra and Mahindra Limited. It is stated that the petitioners-accused have been maintaining an open and current account with the respondent-complainant and on the request of the petitioners-accused, the respondent-complainant had been selling its products to them and in turn, they had been remitting sale proceeds through cheques/demand drafts/RTGS to the respondent-complainant. It is stated that as per the accounts statements maintained by the respondent-complainant in the ordinary course of business, a sum of Rs.1,00,59,190.00 (Rupees One Crore Fifty Nine Thousand One Hundred Ninety only) was found due towards petitioners-accused as on 15/6/2020, after adjusting the amount of Bank Guarantee of Rs.20.00 lacs. It is the pleaded case that the above referred security cheque Nos.073922 and 073923 dtd. 15/6/2020 for a sum of Rs.50,00,000.00 and Rs.50,59,190.00, respectively, both drawn on State Bank of Patiala, Patiala were filled-in by the respondent-complainant for recovering the outstanding amount of Rs.1,00,59,190.00. It is stated that when the aforesaid cheques were presented by the respondent-complainant to its banker namely, Punjab National Bank, Mohali Branch on 15/6/2020, the same were forwarded for encashment to the bank of the petitioners-accused and the same were returned with remarks 'funds insufficient'. It is stated that thereafter, the respondent-complainant issued a legal notice through Registered A.D. Post dtd. 22/6/2020. Since, the amount was not paid within the statutory period of 15 days from the date of service of the notice and the petitioners-accused sent a false reply to the legal notice, accordingly, a complaint (Annexure P-7) under Sec. 138 of the Negotiable Instruments Act was filed against the petitioners-accused.

(3.) Thereafter, in its preliminary evidence, the respondentcomplainant (company) examined Amit Kumar Raghav, who tendered his duly sworn affidavit Exhibit CW1/A along with documents i.e. Exhibits C-1 to C-20; whereupon, the Judicial Magistrate Ist Class, Mohali vide order dtd. 30/10/2020 summoned the petitioners-accused under Sec. 138 of the Negotiable Instruments Act.