VIJAY KUMAR SHARMA Vs. SINGH TRADERS

JUDGEMENT

(1.) Since common questions of law and facts are involved in both the petitions, therefore, I deem it proper to dispose of both the petitions by this common judgment. By the medium of both these petitions, the petitioner is seeking quashment of complaints filed by the complainant-respondent herein before the learned trial Court and also orders dated 02.12.2013 and 30.09.2013, whereby the learned trial Court has taken cognizance upon the said complaints.

(2.) The petitioner herein issued two Cheques in favour of complainant-respondent, bearing No. 491079 dated 17.08.2013 for an amount of Rs. 26,27,000/- and No. 491080 dated 27.08.2013 for an amount of Rs. 25,00,000/- drawn on the State Bank of India, Branch Karan Market, Jammu. Respondent presented the said cheques for encashment and the same were dishonoured on the ground 'refer to drawer' vide memos dated 30.08.2013.

(3.) Complainant-respondent sent legal notices to the petitioner herein asking him to make the payment of the cheques. Since the petitioner failed to make the payment, complainant-respondent filed two complaints against the petitioner before the learned trial Court under Section 138 of the Negotiable Instrument Act. The learned trial Court accordingly took cognizance upon the complaints vide orders dated 02.12.2013 and 30.09.2013. The petitioner feeling aggrieved is questioning the same by the medium of present petitions.