MUKERIAN PAPER LIMITED Vs. IFCI LIMITED

JUDGEMENT

(1.) Prayer in is for setting aside the order dtd. 19/12/2013 (Annexure P-6), vide which application of the petitioner filed under Sec. 311 Cr.P.C. for recalling of the complainant and its 1 of 9 witnesses for their cross-examination was dismissed by the trial Court as well as the order dtd. 18/1/2014 (Annexure P-8) passed by the revisional Court, dismissing the revision petition filed by the petitioners, against the aforesaid order of the trial Court.

(2.) Prayer in CRM-M-23476-2018 is for quashing of complaint No.494 dtd. 18/7/2003 titled as IFCI Ltd. Vs. Mukerian Papers Ltd. and anr. under Ss. 138, 141 and 142 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act'), the summoning order dtd. 7/2/2004 (Annexure P-2) and the order dtd. 3/3/2014 (Annexure P-7), vide which petitioner No.1 Sanjeev Kumar, being Director of petitioner No.1 and petitioner No.2 Neelam Kumar Oswal, being Chairman-cum-Managing Director of petitioner No.1, were declared proclaimed persons. Since both the cases are arising out of one complaint, same are being disposed of by this common judgment.

(3.) Brief facts of the case are that the respondent had filed the aforesaid complaint against the petitioners with the allegations that petitioner No.1 issued two cheques bearing No.593368 and 593369, both dtd. 30/10/2002, amounting to Rs.5.00 lacs each, to clear the part payment of loan amount but the said cheques were dishonoured on account of insufficient funds vide memos dtd. 8/5/2003 and 28/5/2003 respectively. Thereafter, the complainant issued a legal notice dtd. 6/6/2003 and when the petitioners failed to respond, the impugned complaint was filed on 18/7/2003.