JATINDER GAMBHIR Vs. RELIANCE CAPITAL LTD

JUDGEMENT

(1.) VIDE these 12 petitions under Section 482, Cr. P.C. equal number of complaints under Section 138 of the Negotiable Instruments Act, 1882 (hereinafter called the Act) filed by the respondent -company against the petitioner and summoning orders passed in the said criminal complaints against the petitioner as also subsequent proceedings conducted in the said matters, are sought to be quashed. Since matters of fact as also of law in all these petitions are the same and the revisional order of 25.7.2012 of the Additional Sessions Judge, Ludhiana under challenge in these petitions was also common for all the 12 criminal complaints, these quashing petitions have been taken up together for adjudication. Moreover, decision of these petitions by a common order would bring in clarity as also coherence avoiding repetition and confusion.

(2.) AS per allegations in the complaints, Jatinder Gambhir Hospital, Ludhiana had availed financial assistance from the respondent -company for purchase of the medical equipment of the hospital. To complete the documentation, agreement No. RLMELUD 000092261 along with other agreements i.e. 92262, 92263, 92264, 92265, 92266, 92267 and 92268 as also other documents were executed between the parties. The petitioner -loanee hospital through its proprietor had issued cheques of different dates to discharge her existing liability of loan, as part payment thereof. At the time of issuance of the cheques, the petitioner -hospital had assured the respondent -complainant company that the cheques would be duly encashed as and when presented to their Banker for encashment. Cheques of different amount of different dates had been sent on different time and dates to the Banker of the petitioner but had not been cleared despite assurance of the petitioner and payment had not been made. Even demand notices issued by the respondent -complainant company through their Counsel had bore no results and when payments depicted in the relevant cheques had not been made, 12 separate criminal complaints based on dishonoured cheques of the petitioner, were launched.

(3.) IN discharge of liability of her hospital i.e. Jitender Gambhir Hospital, Ludhiana, Ms. Jitender Kaur Gambhir as its proprietor had issued cheque No. 256678 dated 1.3.2011 for a sum of Rs. 1,67,911/ -. It was issued on their Banker i.e. Canara Bank, S.S.B. B.R.S. Nagar, Ludhiana. It was sent for payment to the said Banker of the petitioner but was returned unpaid vide memo of 20.4.2011 with the remarks "Fund Insufficient" thus showing that the petitioner had not been keeping sufficient funds in the account to honour the said cheque. Demand notice was sent on 28.4.2011 by the respondent -complainant company through its advocate but payment did not come forth from the petitioner even then, resulting in filing of a criminal complaint under Section 138 of the Act.