RENU NIGAM Vs. SUMINDER PAL KAUR

JUDGEMENT

(1.) By filing the above titled three petitions under Section 482 of the Code of Criminal Procedure, petitioners have sought quashing of Criminal Complaints filed by the respondent(s) under Sections 138 of the Negotiable Instruments Act, 1881 (for short, "the Act") and the summoning orders passed by learned trial Magistrate, Jalandhar. 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-M-6555- 2017 Ren u Nigam and others Vs. Suminder Pal Kaur.

(2.) Criminal Complaint No.1687/16 dated 28.04.2016 (Annexure P/1) titled S uminder Pal Kaur Vs. Mrs. Renu Nigam and others, under Section 138 of the Act was filed by respondent-complainant, Suminder Pal Kaur. M/s Renu Creations Pvt. Ltd. (hereinafter referred to as "the Company") was arrayed as accused No.5 and the present petitioners, namely, Renu Nigam, Dr. S.C. Nigam, Ravi Nigam and Runa Nigam were arrayed as accused Nos.1 to 4. Respondent had alleged that cheque in question was issued from the account of M/s Renu Creations Private Limited (for short, "the Company") and the petitioners are liable for the alleged dishonour of cheque No. 119505 dated 4.2.2016 for a sum of Rs.45,00,000/- in their capacity as Directors/responsible persons of the Company. In fact, the Company has already been wound up.

(3.) Learned counsel for the petitioners mainly contended that petitioner No.2, namely Dr. S. C. Nigam has been unnecessarily impleaded as accused though he had never been director of the Company and his is permanent physically handicapped to the extent of 50%.