MODERNA RADIO HOUSE Vs. WHIRPOOL OF INDIA LTD

JUDGEMENT

(1.) THIS order shall dispose of two petitions bearing Crl. Misc. No. 30177-M of 2005 M/s. Moderna Radio House & Ors. v. M/s. Whirpool of India Ltd., and Crl. Misc. No. 30175-M of 2005 titled M/s. Moderna Radio House & Ors. v. M/s. Whirpool of India Ltd., as common questions of law and facts are involved in both these petitions. For facility the facts are being taken from Crl. Misc. No. 30177-M of 2005.

(2.) THE petitioners seek quashing of complaint No. 867/2 titled M/s. Whirlpool of India Ltd. v. M/s. Moderna Radio House and others, dated 2.8.2001, Annexure P.6, filed under section 138 of the Negotiable Instruments Act, 1881 (for short the Act) and the summoning order dated 12.10.2001, Annexure P.7.

(3.) THE allegations against the petitioners are that when cheque was presented for encashment same was returned vide Memo dated 29.5.2001 with the remarks that payment stopped by the drawer. The respondent thereafter issued a statutory notice and on non-payment of amount of the cheque complaint under section 138 read with Sections 141 and 142 of the Act and Section 420 read with Section 120-B/34 IPC was filed.