SHIVALIK FIBRES PVT LTD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition filed under Section 482 Cr.PC praying for quashing of criminal complaint (copy Annexure P1) pending in the Court of the Chief Judicial Magistrate, Bathinda filed by respondent No.2, M/s. Chand Traders under Section 138 of the Negotiable Instruments Act, 1881.

(2.) The facts leading to the filing of the impugned complaint may briefly be noticed as under: The complainant firm, M/s. Chand Traders, Nai Basti, Bathinda is the sole proprietor firm of Shri Chand Kumar Ahuja, carrying on the business of cotton merchants at Bathinda. M/s. Shivalik Fibres Private Limited/petitioner No. 1 is carrying on business at its registered office at A-3/141, Janakpuri, New Delhi, administrative office of which is at Ludhiana and works site at Nalagarh, district Solan Himachal Pradesh. Shri H.D. Bhalla is the Managing Director of petitioner No.1 firm, while Shri Vivek Bhalla and Vishal Bhalla are its directors who are responsible for all the Conduct and affairs of the company as also all the liabilities incurred thereto. M/s. Shivalik Fibres/petitioner No. 1 had been purchasing cotton from the complainant firm and the business dealings were being carried on under the terms of the agreement between the complainant firm and the petitioner No. 1 firm. An account was settled regarding the business dealings of the parties on 25-3-1997 when a debit balance of Rs.59,844.33 was struck in the account of the accused No. 1 firm. Accused No.3, namely Vivek Bhalla (non-petitioner) had issued a cheque No.PXR 218664 dated 25-3-1997 for a sum of Rs.59,844.33 in favour of the complainant firm to be drawn on Punjab National Bank Bathinda in due diseharge of the liability. The other accused No.2 and 4 were also acquainted of the facts of the cheque in due discharge of the liability of the firm and they are collectively responsible for discharging the liability of the petitioner. The said cheque was presented by the complainant on 7-4-1997 to its banker, State Bank of Bikaner and Jaipur Branch Bathinda on the same day but it was returned with the remarks ' Insufficient Funds". As required under Section 138 of the Negotiable Instruments Act, the complainant sent a registered notice dated 8-4-1997, which was duly served on and received by the accused persons on 10-4-1997. It was alleged that despite issuance of notice aforesaid the accused persons failed to discharge the liability by paying the amount of the bounced cheque within 15 days. Hence the complaint was filed.

(3.) The petitioners, excluding Shri Vivek Bhalla, Director, under whose signatures the disputed cheque was issued in favour of the complainant-Company, seek the quashing of the impugned complaint and the subsequent proceedings arising therefrom on the ground that the petitioner No.1, M/s. Shivalik Fibres Pvt. Ltd. has already filed three complaint cases under Section 138 of the Negotiable Instruments Act against respondent No.2/firm (complainant of the impugned complaint), which are pending in the Courts at Ludhiana and are detailed as under: