- (1.) A set of quadruple revisionists - K.V. Augustian, Smt Cyara Paul Krishan Pillai Jayaram and Mrs. Shobha Jayaram, in the above two revisions have challenged the impugned order of summoning dated 7.3.2006 passed by VIII Additional Chief Judicial Magistrate, Court No. 34 , Agra in complaint case No. 212 of 2006 Ankit Kumar v. I.H.H.L and Ors., under Section 138 of Negotiable Instrument Act , herein after referred to as the Act. Since both the revisions arise out of the same complaint case and the order challenged in both the revisions is the same and so both the above revisions were directed to be connected with each other and are being disposed off by this common order.
(2.) The complainant's allegations against the revisionists in bird eye view are that the complainant respondent No. 2 Ankit Kumar is the proprietor of M/S JIJI ASSOCIATES Situated at 2/60 Ram Nagar Colony , Agra. Accused No. 1 in the complaint India Household And Healthcare Ltd. (IHHL), New Delhi is a company and is the sole licensee dealing in Fast Moving Consumer Goods (FMCG) in oral care, skin care, etc. manufactured by L.G. Korea. IHHL has a Corporate office at Mahalingampuram, Chennai and it's registered Office is at IHHL, No. 47, 8th Main, 4th Block, Jaya Nagar, Bangalore. Krishna Pillai Jayaram (revisionist) is the Chairman of IHHL with another accused Vijai Raghunath Singh as it's Managing Director. Mrs. Shobha Jayaram ( Revisionist) & Mrs. Aishwarya Vijai Singh are the Directors, where as Cyrus Paul (revisionist) is the Executive Assistant, Shishir Kumar, is the Vice President, and one V. Ramanathan is the authorised signatory of the said IHHL. K.V. Augustin (revisionist) is the General Manager of the said company. All these persons are in charge and responsible for the conduct of the . business of the said company IHHL. The said company has appointed complainant Ankit Kumar, Proprietor of JIJI Associates, as the State Director/C & FA for U.P. ( West) and for State of Uttaranchal. The company IHHL took a deposit of Rs. 1 Crore from the complainant by way of security which was refundable. As the contract between the company and complainant stood terminated the company issued a Cheque No. 536129 dated 31.12.2005 signed by Cyra Paul, Mr. Shishir Kumar, Mr. V. Ramnathan, of ING Vysya Bank Ltd., Mylapore Branch, Chennai in favour of complainant's Proprietary Firm by way of partial discharge of liability and debt. They also isused other post dated cheques. All the cheques were issued at the instructions of rest of the accused who are revisionists here. Cheque No. 536129 was deposited by the complainant in his ICICI Bank Ltd. Agra on 31.12.2005 but the same was returned to the complainant bounced land dishonoured on 8.1.2006 with bank endorsement " Insufficient Funds". In consonance with Section 138 of the Act the complainant dispatched notices to the accused persons on their correct addresses with acknowledgement due demanding the cheque amount from them within fifteen days from the date of service of notice upon them. The notices were duly received by the -accused persons as the complainant received back the acknowledgements duly endorsed. The accused failed to pay the cheque amount after the lapse of fifteen days.
(3.) The complainant, then filed a complaint against the above accused persons in the court of Additional Chief Judicial Magistrate Agra on 2.3.2006 as complaint case No. 212 of 2006, Ankit Kumar v. India Household & Health care Ltd. and Ors. under Section 138 of N.I. Act. Along with the complaint the complainant filed his affidavit supporting his complaint allegations. As documentary evidences the complainant filed photo copies of cheque, bank memo, copy of notices and post office receipts and produced originals of these documents for the perusal of the court at the time of argument on the question of summoning the accused persons.;