AMIT J BHALLA Vs. RAJNEESH AGGARWAL

JUDGEMENT

(1.) -THIS order will dispose of the above noted three petitions made under Section 482 of the Code of Criminal procedure, for the quashing of the proceedings against the petitioner under Section 138, Negotiable Instruments Act, vide criminal complaints nos. 268-1/1997, 269-1/1997 and 319-1/1997 pending before the learned Judicial Magistrate, 1st Class, Manali since common questions of law and facts are involved therein.

(2.) STATED briefly, the facts giving rise to the present petitions are these. The respondent in September, 1996 had supplied watches worth rs. 16,55,559/- to the petitioner. A balance of Rs. 9,40,000/- was due from the petitioner. The petitioner gave three cheques as under to the respondent :- <FRM>JUDGEMENT_149_DCR1_2000Html1.htm</FRM>

(3.) ALL the said three cheques were drawn on Bank of Baroda, parliament Street, New Delhi. The first two cheques were in respect of the interest amount payable by petitioner on the outstanding amount, while the third cheque was towards part payment of the outstanding amount. All these three cheques on having been presented to the Bank for encashment by the respondent through his Bank were returned with. the endorsement " Payment stopped by the drawer".