SAAKAR METALS Vs. BHUSHAN POWER & STEEL LIMITED

JUDGEMENT

(1.) THIS order shall dispose of Cri. Misc. Nos. M -19092 and 19102 of 2013, as common questions of law and facts are involved in both the petitions.

(2.) M /s. Saakar Metals and another -petitioner has filed the aforementioned petitions for quashing of complaint Nos. RBT -22834 and 22835 dated 02.12.2008, titled as "Bhushan Power and Steel Limited v. Saakaar Metal and others" under Section(s) 138 of the Negotiable Instruments Act (Annexure P -3) and the summoning order (s) dated 20.01.2009 (Annexure P -2).

(3.) AS per the allegations in the complaint(s), M/s. Bhushan Power and Steel Limited -complainant (respondent) supplied some material to M/s. Saakar Metals -petitioner company on the instructions of its proprietor/partners (accused Nos. 2 and 3) and a huge amount was due against the petitioner company. In order to discharge their liability, Ajay Wadhawa (petitioner No. 2) and Amar Nath Wadhwa, being proprietor and partner of petitioner No. 1 firm, issued three cheques, details of which, are given as under: - <FRM>JUDGEMENT_389_LAWS(P&H)1_2015.html</FRM>