DADA ENERGIES LIMITED Vs. KOLCAP INDUSTRIES

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure (for short, 'Cr.P.C.') is for quashing of complaint case No.203 dated 03.07.2015 titled as 'Kolcap Industries vs. Dada Energies Limited and others' under Section 420 of the Indian Penal Code (for short, 'IPC'), pending in the Court of learned Judicial Magistrate Ist Class, Hisar (Annexure-P8) and summoning order dated 09.11.2015 (Annexure-P9) with all other proceedings arising therefrom.

(2.) Facts relevant for the purpose of decision of the case; that complainant-Kolcap Industries had filed complaint under Section 420 IPC against the accused persons, namely, (1) DADA ENERGIES Ltd, (2) Pradeep Kumar B., Authorised signatory, (3) M/s Uttam Udyog, and (4) Amit Aggarwal, Proprietor Capco Marketers (Delhi). The complainant had handed over a cheque bearing No.149500 dated NIL for Rs.5,00,000/- drawn on Corporation Bank, Hisar in favour of accused No.1 as security at the time of starting of business which is mentioned in email dated 14.02.2009. However, accused No.1 did not comply with the terms and conditions of the business, so there was a dispute regarding replacement. Thereafter, accused No.1 and 2 started blackmailing the complainant to face dire consequences as they were in possession of undated cheque of Rs.5,00,000/-. However, accused No.1 and 2 presented the above said cheque for collection to harass the complainant and forced them to criminal litigation.

(3.) The intention of accused No.1 and 2 was bad since the day when the complainant was forced to hand over cheque of Rs.5,00,000/- and accused No.3 and 4 were hand-in-glove with rest of the accused. The complainant also issued a letter to the bank for stopping the payment and legal notice dated 15.01.2010 was sent to all the accused giving details of all the facts. Rather than returning the cheque, the accused filed the complaint under Section 138 of the Negotiable Instruments Act. Vide order dated 09.11.2015, all the accused were ordered to be summoned. However, accused No.1 and 3 were ordered to be summoned through concerned Managing Directors as these are legal entity.