REENA GAMBHIR Vs. SATYAWAN MANN

JUDGEMENT

(1.) By filing the above titled three petitions filed under Sec. 482 of the Code of Criminal Procedure, petitioners have sought quashing of Criminal Complaints filed by the respondent under Ss. 138/141 of the Negotiable Instruments Act, 1881 (for short, "the Act") and the summoning orders passed by learned trial Magistrate, Sonepat. As common questions of law and fact are involved in all these three petitions, with the consent of the parties, those are being disposed of by this common judgment. However, for facility of reference, facts relevant for the purpose of decision of these present petitions are being taken from CRM-33930-2013 - Reena Gambhir and others Vs. Satyawan Mann now deceased through LR.

(2.) A Criminal Complaint No. 126-2 (Annexure P/1) titled - Satyawan Mann Vs. M/s D.D. Merchant Bankers Ltd. and others, under Ss. 138 and 141 of the Act was filed by respondentcomplainant, Satyawan Mann (since deceased) and M/s D.D. Merchant Bankers Ltd. (hereinafter referred to as "the Company") was arrayed as accused No.1 and the present petitioners, namely, Reena Gambhir, Karan Gambhir and Sanjay Gambhir were arrayed as accused Nos. 2 to 4.

(3.) Learned counsel for the petitioners contended that petitioners - Reena Gambhir and Karan Gambhir were neither the directors of the Company at any point of time nor they are signatories to the cheques in question. They were never associated in any manner with the affairs of the company either as an employee or Directors of the Company. Similarly, petitioner - Sanjay Gambhir ceased to be the director of the Company w.e.f. 28/12/2007, whereas the alleged cheques in question were issued in the year 2011 and the same were not issued under the signatures of the petitioners. As such, petitioner - Sanjay Gambhir was not associated with the affairs of the the Company in any manner because he was neither the Director nor employee of the Company at the relevant point of time.