(1.) This common order shall dispose of above noted two petitions as they are identical in nature and involve the same parties.
(2.) Prayer in these petitions is for quashing of Complaint No. 641 and Complaint No. 639, both dtd. 15/6/2016, filed by the respondent under Sec. 138 of the Negotiable Instruments Act, 1881(for short N. I. Act'); as well as the summoning order dtd. 15/6/2016, passed by the trial Court in both the cases.
(3.) Brief facts of the case are that petitioner is a Director of M/s Viking Engineers Pvt. Ltd. along with Sudarshan Khanna, Vikas Aggarwal, Nitin Gupta and Sudesh Kumar Khanna. The respondent/complainant filed the aforesaid complaint under Sec. 138 of the N.I. Act against the petitioner and others, in which the petitioner is referred to as accused No. 5. The allegations in the complaint are that the complainant is a Private Limited Company and is running its business of manufacturing of JCB Driver Cabin. In para 3 of the complaint, it is stated that accused No. 1 is the manufacturer of telecom shelters and accused Nos. 3 to 6 are the Directors of accused No. 1 and accused No. 2 is the Managing Director and is managing the affairs of the company i.e. accused No. 1 and are also having financial and administrative control of the company.