ANKIT TYAGI @ ANKIT Vs. RAMDAS

JUDGEMENT

(1.) This common order shall dispose of above mentioned four petitions as they are similar in nature and involve similar question of law and have been filed by the same petitioner against the same respondent. However, for the sake of convenience, the facts are being extracted from CRM-M-8223-2023.

(2.) Prayer in this petition, filed under Sec. 482 of Cr.P.C., is for quashing of complaint bearing NO. NACT/1990/2019, date 21/12/2019, titled as Ramdas vs. Ankit Tyagi, filed under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'N. I. Act') as well as for quashing the order dtd. 21/12/2019, passed by the Court of learned Judicial Magistrate First Class, Sonipat in the aforementioned complaint, thereby summoning the petitioner as accused to face trial therein.

(3.) Brief facts relevant for the purpose of disposal of the present petitions are that the aforementioned complaint has been filed by the respondent/complainant against the petitioner/accused on the allegations that he had given an amount of Rs.2,50,00,000.00 to the petitioner on 16/3/2012 as loan to meet out his urgent family needs. The petitioner had assured to repay the said amount by 31/1/2017. On representation made by the petitioner that he was using his firm account for personal use and wanted to receive some money in the account of firm also, the complainant had transferred an amount of Rs.46.00 Lakhs through RTGS in the account of the firm of the petitioner and the remaining amount was given in cash in different installments during the period from 31/3/2012 to 19/6/2012. The details of these transactions have been mentioned in paragraph No. 2 of the complaint.