SANJIV KUMAR Vs. SURENDERA STEEL ROLLING MILLS

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Miscellaneous Nos. 10749 -M of 1992, 10751 -M of 1992, 10753 -M of 1992, 10755 -M of 1992 and 10757 -M of 1992 all titled Sanjiv Kumar v. Surendera Steel Rolling Mills, Mandi Gobindgarh.

(2.) SURENDERA Steel Rolling Mills, carried on its business of steel rolling at Mandi Gobindgarh. This firm filed five different complaints against Sanjiv Kumar, the present petitioner, for an offence under Section 138 of the Negotiable Instruments Act, alleging that the petitioner purchased rolling material from the firm on different dates and issued five cheques for a total amount of Rs. 3,40,000. The cheques were presented to the bank by the firm through its banker but the same were dishonoured by the Union Bank of India, Mandi Gobindgarh, with the remarks 'refer to drawer' meaning thereby that there was no arrangement to meet the amount of the said cheques in the account of the petitioner. The petitioner was fully aware at the time of issuing the cheques that the same would not be honoured when presented to the concerned bank. On receipt of notice from the bank on February 14, 1991, the petitioner was asked to make payment of the amount within 15 days through a notice but no payment was made.

(3.) MATERIAL against these cheques was to be supplied on the dates mentioned in the cheques. On failure of the respondent to supply the material he filed a Civil Suit No. 32 on 15th January, 1991, in the Court of Sub -Judge, First Class, Amloh. On 29th January, 1991, the respondent also filed a suit for the recovery of Rs. 4,51,635 and also filed criminal complaints in which the petitioner was summoned. Proceedings in the suit filed by the respondent were stayed when an application under Section 10 of the Code of Civil Procedure was moved. The subject -matter of the suit filed by the respondent and the allegations made in the complaint were of the same nature, so proceedings in the complaint amounted to an abuse of the process of the court.