GAURAV SINGH RATHORE Vs. TAI-PAN TRADERS LTD

JUDGEMENT

(1.) THE petitioners by way of this petition seek the quashing of the complaint titled as "M/s Tai-Pan Traders Ltd. v. M/s Sheba Sheels Pvt. Ltd." filed under Section 138 of the Negotiable Instruments Act, 1881, pending in the Court of Sh. M.D.S. Dhillon, JMIC, Chandigarh.

(2.) THE respondents M/s Tai-Pan Traders Ltd. had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the petitioners on the allegations that the complainant company paid a sum of Rs. 18,79,779/- (Rupees eighteen lacs seventy nine thousand seven hundred and seventy nine only) to M/s G.E. Countryside Consumer Financial Service Ltd. on 5.12.2003. Another sum of Rs. 16,00,000/- (Rupees sixteen lacs only) was said to have been paid to ICICI Bank, New Delhi on 20.11.2003 and a sum of Rs. 7,00,000/- (Rupees seven lacs only) to Bank of Punjab Ltd., New Delhi on 26.9.2003 on behalf of the petitioners herein. It was claimed that complainant company paid a total sum of Rs. 40,19,779/- (Rupees forty lac nineteen thousand seven hundred and seventy nine only) to different creditors of the accused on its behalf and, therefore, the accused were liable to repay the said amount to them.

(3.) OUT of the said cheques the complainant company deposited a cheque of Rs. 1,60,000/- (Rupees one lac and sixty thousand only) which was drawn on HDFC Bank Ltd., New Delhi but the same was dishonoured on 3.3.2004 on ground of funds being insufficient. The memo from bank was received by the complainant on 6.3.2004.