- (1.) :- This is a petition under S. 482, Cr. P.C. filed by the complainant-petitioner, seeking quashment of the order dated 24-7-2000, passed by the Additional Sessions Judge, Jalandhar, accepting the revision petition of the accused-respondent, M/s B.D. Aggarwal and Sons Limited and setting aside the order of summoning dated 24-3-1998, passed by the CJM, Jalandhar, by which the accused were ordered to be summoned under S. 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) in the criminal complaint, filed by the present petitioner, M/s. Steel Authority of India Limited.
(2.) The facts of this case, in brief, are that M/s. Steel Authority of India Limited (complainant) filed a criminal complaint dated 26-10-1998, copy Annexure P2, against accused No. 1, B. D. Aggarwal and Sons Limited, under S. 138 of the Act, through Sh. Parmod Kumar Aggrawal, its Director and seven other persons, being the Directors and other Officers of the said firm (in all there were eight accused). In the said complaint, it was alleged that in pursuance of the memorandum of understanding, arrived at between the parties, accused No. 1 Company had been purchasing material from the complainant Company from time to time on credit, which included the supply of material of the total invoice value of Rs. 8,96,256.00. It was alleged that in order to discharge the aforesaid legal liability, the accused issued a cheque No. 86876 dated 29-7-1996 for Rs. 8,96,256.00 in favour of the complainant Company, drawn on the State Bank of India, New Railway Road Branch, Jalandhar, assuring that on presentation, the said cheque shall be honoured. It was alleged that the said cheque was presented for encashment on 31-8-1996 through State Bank of India, Main Branch, but the same was returned unpaid, on the ground that the payment had been stopped by the drawers. It was alleged that the said intimation was received by the complainant on 3-9-1996. It was alleged that on receipt of this information regarding dishonouring of the cheque, legal notice dated 16-9-1996 was served upon the accused, calling upon them to make the payment for the aforesaid dishonoured cheque, but despite the service of the said notice, the accused had not made any payment to the complainant and had thereby committed the offence under S. 138 of the Act. It was alleged that accused Nos. 2 to 6 were Directors of accused No. 1 Company, whereas accused Nos. 7 and 8 were the Finance Executive and Authorised Dealing Representative, respectively, of accused No. 1 Company and had been actively engaged in the day-to-day business of accused No. 1 company. It was alleged that they all were the persons incharge of and were responsible to the said company for the conduct of its business and as such, all these accused were liable for the commission of offence under S. 138 of the Act. After recording preliminary evidence, the learned CJM, vide order dated 24-3-1998, copy Annexure P3, ordered the summoning of all the eight accused for the offence under S. 138 of the Act. Aggrieved against the said order of summoning passed by the learned CJM, one of the accused, namely M/s. B. D. Aggarwal and Sons Limited, through its Director, Mohar Singh Kaushal, filed a revision petition before the Sessions Court, challenging the order dated 24-3-1998, passed by the learned CJM, ordering summoning of the accused for the offence under S. 138 of the Act. The said petition was contested by the complainant by filing a written statement, copy Annexure P4. The learned Additional Sessions Judge, after hearing both the sides, accepted the revision petition and set aside the summoning order, passed by the learned Magistrate and dismissed the complaint, vide order dated 24-7-2000. Aggrieved against this order of the learned Additional Sessions Judge, the complainant, M/s. Steel Authority of India Limited, filed the present petition under S. 482, Cr. P.C. in this Court, seeking quashment of the abovesaid order dated 24-7-2000, passed by the learned Additional Sessions Judge.
(3.) I have heard learned counsel for the parties and gone through the record carefully.;