O.P.Jam, J. - (1.) The above six cases are being disposed of by a common judgment because the facts and law applicable to them are almost identical.
(2.) Six cases were instituted by opposite party Beerbal Dass Jindal against applicant No.2 Rejendra Prasad Malviya, Proprietor of S.K. Trading Company under Sections 138 and 142 of the Negotiable Instruments Act and Section 409 IPC for the purposes of mentioning the facts of the case, the complaint filed by Beerbal Dass Jindal, in Criminal Misc. Case No. 896 of 1992 is treated as the leading case. According to the Annexure to the affidavit filed in support of the application under Section 482 Cr. P.C. (hereinafter called as the petitionT), Beerbal Dass is the Managing Director of Nath Roller Flour Mills, Muzaffarnagar. The said Mill used to supply Maida, Sooji and flour etc. to the accused S.K. Trading Company and Rajendra Prasad Malviya is the selling agent of the Mill. After sale of the goods the accused used to make payment by draft and cheques etc. from time to time. On the 15th March, 1991 accused Rajendra Prasad Malviya issued a cheques for fifty thousand rupees drawn on Punjab National Bank, Khari Baoli, Delhi to the office of the Mill. The cheque bears the signatures of the accused Rajendra Prasad Malviya and the rubber stamp of S.K. Trading Company. The Mill gave the cheque to its banker, Union Bank of India, Muzaffarnagar for collection but it was dishonoured because there was no sufficient balance in the account of the accused. This information was communicated to the Mill by its banker on 2nd October, 1991. On the 6th of October, 1991 the Mill served a notice on the accused through its Advocate Sri Ramesh Chandra. The notice sent by registered A.D. as well as by I.P.C. at the office as well as the residential address of accused Rajendra Prasad Malviya was served on him but he did not make payments even, after a lapse of fifteen days from the date of receipts of notice Therefore, the complaint under Sections 138/142 and 400 I.P.C. was filed by the Mill through its Managing Director, Beerbal Dass on 8.9.91.
(3.) After recording the statement of Beerbal Dass under Section 200 Cr. P.C. summoning order was passed by the CJ.M. Muzaffarnagar on 31.10.1991 An application was filed by the complainant that the accused may evade the service of summons and may abscond and therefore, the learned C.J.M. issued non-bail able warrant against the accused.;