M M RAJAGARIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - This judgment will also dispose of Criminal misc. Nos. 5291-M of 1992, 5293-M of 1992, 5295-M of 1992, 5297-M of 1992, 5299-M of 1992, 5301-M of 1992, 5305-M of 1992, 5307-M of 1992, 5309-M of 1992, 5311-M of 1992, 5313-M of 1992, 5315-M of 1992, 5317-M of 1992, 5319-M of 1992, 4248-M of 1992 and 5303-M of 1992, as the same legal question is involved in all these petitions filed by the same petitioners against different respondents.

(2.) M. M. RAJAGARIA has filed this petition under Section 482 of the Code of Criminal procedure for quashing the complaint Annexure P/5 and the summoning order dated 8. 1. 1992 and further proceedings initiated against him and other accused in the Court of Sub-Divisional Judicial Magistrate, Malerkotla for an offence under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (the Act for short ). Criminal misc. No. 4248 of 1992 was filed by Shri V. K. Rajagaria for quashing of the same complaint and the summoning order. The rest of the petitions have been filed jointly by both these petitioners.

(3.) THE facts of the case necessary for the disposal of these petitions as set up in the various complaints filed against the petitioners are that M/s Vinod Paper mills Limited, Industrial Focal Point, Malerkotla, carried on the business of manufacturing paper. The petitioners as well as Vijay Mehta and S. K. Chopra, accused nos. 2 to 5 in all the complaints were in charge of and responsible for the conduct of the business of the company i. e. M/s Vinod Paper Mills. They used to purchase material from the various complainants and amount was outstanding against the company. In consideration of the price of the goods various cheques were issued in favour of the complainants for different amounts. The complainants presented the cheques in the Punjab National Bank, Branch Malerkotla, for the realisation of the amount of the cheques, but the same were dishonoured and returned unpaid with the Bank memo 'refer to drawer' on account of insufficient funds in the accounts of the accused company. Intimation was sent to the various complainants by the Punjab National Bank, Branch Malerkotla. Thereafter notices were issued to the petitioners and other accused and a demand was made for payment of the amount within 15 days from the date of the receipt of the notice. The amount was not paid so the various complaints were filed against the company and the persons in charge of the business of the company. After preliminary evidence was recorded the petitioners were summoned to face trial for an offence under Section 138 of the Act.