NANAK CHAND TAYAL Vs. SUNIL DUTT BANSAL

JUDGEMENT

(1.) This common order shall dispose of all five of the above-mentioned cases as they arise from the similar factual matrix. However, for the sake of brevity, facts are culled out from CRM-M-15356-2022.

(2.) The present petition is preferred under Sec. 482 of the Cr.P.C. seeking quashing of complaint no. NACT-11028 of 2018 dtd. 17/12/2018 titled 'Sunil Dutt Bansal v. SRS Buildmart Pvt Ltd and ors' (Annexure P-1) under Ss. 138 read with Sec. 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act') and all subsequent proceedings arising therefrom including summoning order dtd. 23/12/2021 passed by learned Judicial Magistrate 1st Class, Faridabad (Annexure P-3) under Sec. 138 of the NI Act.

(3.) Briefly, the facts are that petitioners are the Directors of a company named SRS Buildmart Private Limited. Allegedly, the petitioners along with other accused allured the respondent to invest money to the tune of Rs.15,42,000.00 in their company. When the respondent-complainant requested them to return his principal amount (Rs.15,42,000.00) then the petitioners in order to discharge their legal liability, issued three cheques, cheque bearing No.234487 dtd. 15/10/2017 for Rs.2,42,000.00 drawn on Union Bank of India, cheque No.419540 dtd. 12/7/2018 for Rs.6,50,000.00 drawn on Oriental Bank of Commerce and cheque bearing No.234465 dtd. 21/8/2018 for Rs.6,50,000.00 drawn on Oriental Bank of Commerce, in favour of the respondent. Upon presentation for encashment, all three cheques were separately dishonoured. The complaint (supra) pertains to cheque dtd. 21/8/2018. The said cheque was dishonoured vide memo dtd. 21/11/2018 with remarks 'Funds Insufficient'. Thereafter, a legal notice was issued to the petitioners on 26/11/2018, calling upon the petitioners and other accused to pay the cheque amount, but to no avail. Aggrieved, the respondent preferred the above-mentioned complaint.