HOSHIARPUR EXPRESS TRANSPORT CO. LTD. Vs. JAGBIR SINGH

JUDGEMENT

(1.) This common order shall dispose of above noted three criminal petition as they are identical in nature, however, for the sake of convenience, facts are being extracted from CRM-M-18695-2016.

(2.) Prayer in this petition, filed under Sec. 482 Cr.P.C. read with Article 227 of the Constitution of India, is for quashing of order dtd. 16/5/2016 (Annexure P-7), passed by the trial Court, vide which, an application, filed by the petitioner/accused under Sec. 65 of the Indian Evidence Act to produce the certified copy of a resolution dtd. 4/10/2008 by way of leading secondary evidence, was dismissed.

(3.) Brief facts of the case are that respondent No. 1/complainant filed a criminal complaint against the petitioner/company that petitioner/company entered into an agreement with the complainant to take possession of two buses bearing registration Nos. PB-07-N-7272 and PB- 08-9854 along with route permits from Hoshiarpur to Ropar with two return trips and additional route permit from Hoshiarpur to Bharapur with one return trip for plying. It is further stated in the complaint that accused No. 3 Rajinder Singh was the Director of the Company at the time of institution of the complaint and he along with Gurmej Singh Mandali entered into an agreement with the complainant on behalf of the petitioner/company and as per the said agreement, accused has agreed to take possession of two buses along with three route permits and accordingly buses were handed over to the accused. It was further agreed in the agreement that the accused shall pay certain amount to the complainant in lieu thereof, however, when the accused failed to pay the said amount to complainant, a one time settlement of Rs.16,50,000.00 was agreed to be paid to the complainant by the aforesaid accused. For the said purpose, four cheques for the total amount of Rs.16,50,000.00 dtd. 24/11/2009 were issued by the accused which were signed by aforesaid two persons as Directors of the Company. When the cheques were presented before the bank, the same were dishonored with the remarks 'insufficient funds' and thereafter, four separate complaints were filed on 8/2/2010 in which, the trial Court passed order dtd. 2/3/2010 summoning the petitioner/company along with Rajinder Singh and Acchar Singh Saroha (now dead).