DAYA RAM Vs. PRAGATI ENTERPRISES

JUDGEMENT

(1.) This order shall dispose of the above-noted petitions as identical questions of law and fact are involved therein.

(2.) The above noted petitions have been filed under Section 482 of the Code of Criminal Procedure for quashing of the complaint cases No.32100 dated 02.03.2013, No.32105 dated 02.03.2013, No.32102 dated 02.03.2013, No.32101 dated 02.03.2013, No.32103 dated 02.03.2013, No.32104 dated 02.03.2013 and No.32106 dated 02.03.2013, respectively, all titled as 'M/s Pragati Enterprises vs. M/s K.K.Tanners and Ors."?, under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as 'N.I.Act') read with Section 420 of the Indian Penal Code, pending before the Judicial Magistrate, Ist Class, Jalandhar, alongwith all the consequential proceedings arising therefrom.

(3.) The facts of the case are that complainant-M/s Pragati Enterprises through its proprietor Pardeep Shukla (now respondent) filed a complaint under Section 138 of the N.I.Act, against M/s K.K.Tanners, Girdhari Lal and Daya Ram (petitioner herein) with the averments that the complainant was the supplier of leather chemicals and the petitioner, being partner alongwith others, had made purchases of the same from the complainant and thus, an amount of Rs. 48,90,717/- was outstanding against the petitioner and others and in order to discharge their legal debt, they had issued nine post dated cheques of different dates in favour of the respondent, all drawn on Union Bank of India, signed by Girdhari Lal (accused No.2 in complaint Annexure P-1 in CRM-M-39632-2015).