RAJIV CHATRATH Vs. HARSHARAN SINGH MADAN

JUDGEMENT

(1.) This common order shall dispose of all the above mentioned petitions as they arise from the same factual matrix. However, for the sake of brevity, the facts are taken from CRM-M-11912-2024.

(2.) The petitioner has approached this Court by filing present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') seeking quashing of criminal complaint bearing case no. NACT/3293/2021 titled as 'Harsharan Singh Madan v. Tritronics India Private Limited' instituted on 10/8/2021 under Sec. 138, 141 and 142 of the Negotiable Instruments Act, 1881 (hereinafter 'NI Act') and summoning order dtd. 4/1/2022 (Annexure P1) passed by learned Judicial Magistrate Ist Class, Faridabad.

(3.) Succinctly, the facts are that respondent no. 1-complainant agreed to invest Rs.25,00,000.00 through cheques in M/s Tritronics India Private Limited, of which the petitioner is a director, in view of their Solar Power Project. He invested Rs.19,00,000.00 through cheques during the period of 12/6/2015 to 4/7/2015. The remaining amount of Rs.6,00,000.00 was to be paid over a span of 2 years in form of monthly instalments of Rs.25,000.00. Subsequently, respondent no. 2 found out that the said project was never initiated and the accused have been defrauding the public by procuring investment under false pretences. A police complaint was filed, however a compromise was arrived at where the accused promised to return the invested amount by means of the cheques, which were dishonoured on presentation for encashment. <FRM>JUDGEMENT_5_LAWS(P&H)3_2024_1.html</FRM>