KULJINDER SINGH Vs. BHATANA ALLOYS PVT. LTD.

JUDGEMENT

(1.) This common order shall dispose of all the abovementioned petitions as they arise from similar factual matrix. However, for the sake of brevity, the facts are taken from CRM-M-27027-2016.

(2.) The present petition has been preferred under Sec. 482, Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') seeking quashing of complaint No.9117 dtd. 11/12/2014 under Ss. 138, 141 read with 142 of the Negotiable Instruments Act, 1881 (hereinafter 'NI Act') as well as summoning order dtd. 21/3/2015 (Annexure P-3) passed by the learned Judicial Magistrate Ist Class, Chandigarh.

(3.) Briefly, the facts, as alleged, are that petitioner, namely Kuljinder Singh and Ajit Singh are promoters and in charge of M/s Aakar India Developer Pvt. Ltd. The said company was in the business of iron and steel goods with the respondent. In order to settle the outstanding amount of Rs.17,04,157.00, a post dated cheque bearing no.161702 dtd. 15/4/2014 for Rs.14,00,000.00 was issued in favour of the respondent. The said cheque was signed by the petitioner-Kuljinder Singh, being its Director/authorised signatory. On presentation for encashment, the same was dishonoured and returned vide memo dtd. 3/5/2014, with the remarks- 'account closed.' Thereafter, a legal notice dtd. 31/5/2014 was served on the accused. Since the accused failed to pay the amount within the stipulated time, the complaint (supra) was instituted.