BHUPINDER KAUR Vs. SOHAN LAL MOHAN LAL

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for quashing of Criminal Complaint No.NACT/845/2018 dtd. 16/7/2018 (Annexure P-1), the summoning order dtd. 15/9/2018 under Sec. 138 of the NI Act (Annexure P-3), the order dtd. 1/3/2021 (Annexure P-4) whereby the application along with the revision petition filed by the petitioner stands dismissed and subsequent proceedings arising therefrom.

(2.) The brief facts of the case as emanating from the pleadings are that the complainant firm (M/s Sohan Lal Mohan Lal, Commission Agents, Talwandi Bhai Tehsiland District Ferozpur through its partner Sh.Vijay Kumar son of Mohan Lal) had been supplying paddy/basmati on credit to the accused firm of which accused No.1 (Bhupinder Kaur, Director of Golden Agrarian Pvt. Ltd. Sadik Road, Faridkot, Tehsil and District Faridkot) and accused No.2 (Sukhveer Singh Samra, Director of Golden Agrarian Pvt. Ltd. Sadik Road, Faridkot, Tehsil and District Faridkot) were the Directors and accused No.5 (Harinder Singh Samra, Authorised Signatory of Golden Agrarian Pvt. Ltd. Sadik Road, Faridkot, Tehsil and District Faridkot) was an authorised signatory in the banks of the accused company. Over a period of time, an amount of Rs.58,08,350.95 became due on the part of the accused Firm. In partial discharge of their liability, the accused issued a Cheque No.379540 dtd. 28/2/2018 for an amount of Rs.3,00,000.00favouring the Complainant firm from their Company's Account No.0978002100359107 at the Punjab National Bank, Main Bazar Faridkot with the assurance that the said cheque would be honoured. However, the cheque in question was dishonoured with the remarks 'Funds Insufficient'. A legal notice was sent to the accused making a demand of the payment of the cheque amount. However, no reply was furnished to the said legal notice.

(3.) Thereafter, the complaint under Sec. 138 read with Sec. 142 of the Banking Public Financial Institutions and Negotiable Instruments Act, 1881 came to be instituted at the instance of the complainant No.1/respondent No.1-firm M/s Sohan Lal Mohan Lal, Commission Agents, Talwandi through its partner Vijay Kumar (complainant No.2/respondent No.2) against Bhupinder Kaur, Director of Golden Agrarian Pvt. Ltd. (petitioner) Sadik Road, Faridkot, Tehsil and District Faridkot, Sukhveer Singh Samra, Director of Golden Agrarian Pvt. Ltd. Sadik Road, Faridkot, Tehsil and District Faridkot, Golden Agrarian Pvt. Ltd. Sadik Road, Faridkot, Tehsil and District Faridkot through its Director Bhupinder Kaur, Golden Agrarian Pvt. Ltd. Sadik Road, Faridkot, Tehsil and District Faridkot through its Director Sukhveer Singh Samra and Harinder Singh Samra, Authorised Signatory of Golden Agrarian Pvt. Ltd. Sadik Road, Faridkot, Tehsil and District Faridkot. The copy of the complaint dtd. 16/7/2018 is attached as Annexure P-1 to the petition.